Most people moving to Portugal assume the will they made at home still does the job. For your Portuguese home, it may not. Portugal has forced heirship rules that reserve a fixed share of your estate for certain relatives, and they can override what you actually wanted. The fix is straightforward and worth doing early. Here is what the rules are, and how a properly drafted will puts you back in control.
What forced heirship means
Portuguese law sets aside a protected share of every estate, the legítima, for compulsory heirs: your spouse, your children and, in some cases, your parents. You cannot write them out. Only the remaining slice, the disposable quota, is yours to leave freely. Roughly speaking, a spouse and children together are entitled to two-thirds of the estate between them, with the exact fractions depending on who survives you.
If you die without a valid will, Portuguese intestacy rules decide everything, in a fixed order of relatives. A divorced spouse does not inherit, but the rules may not match your wishes in plenty of other ways.
Why your home-country will may not protect you
By default, the law of the country where you habitually live governs your whole estate. Live in Portugal, and Portuguese law, including forced heirship, can apply to your Portuguese property. That can mean a home passing in shares you never intended, or to people you did not choose.
Brussels IV: the choice that changes everything
There is a clear, lawful way to keep control. Under the EU Succession Regulation, often called Brussels IV, you can choose the law of your nationality to govern your succession instead of the law of where you live. A British national, for example, can elect English law, which has no forced heirship, to govern their estate.
The catch is that the choice has to be made expressly, in a will. Without that election, your habitual residence in Portugal is what counts, and forced heirship can bind your estate. This is exactly why a Portuguese will, or a will that clearly makes the election, matters.
How to make a will that works in Portugal
- Decide which law you want to govern your estate, and take advice if your family or assets are spread across countries.
- Have a lawyer or notary draft a will that includes an express choice of your national law, if that is what you want.
- Execute it as a public will before a notary, where it is registered centrally, so it cannot be lost or missed.
- Keep your home-country will consistent with it, so the two do not contradict each other.
One thing a will does not do
Choosing your national law settles who inherits. It does not change tax. Portugal does not have a classic inheritance tax, but stamp duty can apply to some transfers, and your home country may tax the estate too. Treat succession and tax as two separate questions, and get advice on both.
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Frequently asked questions
Will my UK or US will be recognised in Portugal?
It can be, but Portuguese forced heirship may still apply to your Portuguese assets unless you have expressly elected your national law under Brussels IV. A will drafted with that election is the safe route.
Can I leave my home to my spouse and not my children?
Under Portuguese forced heirship, not fully, because children are protected heirs. Electing your national law, if it allows it, can change that. Take legal advice.
Do I pay inheritance tax in Portugal?
Portugal has no classic inheritance tax, but stamp duty can apply to certain transfers, and your home country may tax the estate. Succession and tax are separate questions.
Sources
- EU Succession Regulation 650/2012 (Brussels IV), choice of law: eur-lex.europa.eu
- Portuguese Civil Code, succession and forced heirship (arts. 2133, 2157 onward): diariodarepublica.pt
- European e-Justice Portal, succession in Portugal: e-justice.europa.eu
General information, current as of June 2026, and not legal advice. Inheritance law is complex and personal. Take advice from a qualified lawyer before making or relying on a will. Related reading: Portuguese citizenship in 2026 and our Money and Tax orientation.
