Making a Will in Portugal as an Expat: What You Need to Know

If you own property in Portugal, you need a Portuguese will. A UK or US will technically covers your worldwide assets, but executing a foreign will in Portugal is slow, expensive, and creates problems that a local will avoids entirely.

This is not theoretical. When a foreign will needs to be used in Portugal, it must be translated by a sworn translator, notarized, apostilled, and then validated by Portuguese registries that may struggle to interpret its terms. A dedicated Portuguese will bypasses all of that.

The Forced Heirship Problem

Portugal operates under a civil law system with heranca legitima — forced heirship. A fixed portion of your estate is legally reserved for your surviving spouse, children, and parents. You cannot disinherit them through a will.

The reserved portion (legitima) varies:

• Spouse and children: Two-thirds (66.6%) of the estate is reserved; you can freely dispose of only one-third
• Spouse only (no children): One-half is reserved
• Children only (no spouse): One-half is reserved
• Parents (no spouse or children): One-third is reserved

If your will attempts to leave your Portuguese property entirely to a friend, a charity, or a partner who is not your legal spouse, the forced heirs can — and routinely do — challenge the will and claim their reserved portion.

The Brussels IV Solution

EU Regulation 650/2012, known as Brussels IV, lets you opt out of Portuguese forced heirship. If you are a British, American, Canadian, or Australian national residing in Portugal, you can include a clause in your will explicitly electing the law of your nationality to govern the succession of your entire estate.

For example, a British national can elect English law, which has full testamentary freedom — no forced heirship — allowing them to leave their Portuguese property to whoever they choose.

The critical requirement: This election must be clear and explicit in the will. If you die without making the election, Portuguese law applies by default to all assets located in Portugal.

Note: Brussels IV applies to succession, not to the administration of the estate. Even with an English-law election, the Portuguese registries and tax authority still handle the property transfer and stamp duty filing under Portuguese procedural rules.

Local Will vs Foreign Will: A Practical Comparison

The Dual-Will Strategy

The recommended approach for expats with assets in both Portugal and their home country:

Will 1 (Portuguese): Covers all Portuguese-situs assets — real estate, bank accounts, vehicles, investments held in Portugal. Drafted by a Portuguese notary in Portuguese. Includes the Brussels IV election if you want your nationality's law to apply.

Will 2 (Home country): Covers all non-Portuguese assets. Must explicitly exclude Portuguese assets to avoid conflict. Drafted by your home-country solicitor or attorney.

Both wills must reference each other and clearly state which assets they cover. Conflicting wills — where both claim to cover worldwide assets — create expensive litigation.

How to Make a Portuguese Will

Step 1: Choose a Notary

Any public notary (Cartorio Notarial) in Portugal can draft and register a will. You do not need to use a notary in the municipality where your property is located.

Some notaries speak English; if yours does not, you will need a translator present during the signing. This translator does not need to be a sworn translator — they just need to be present to confirm you understood the document.

Step 2: Bring Your Documents

• Your passport
• Your Portuguese NIF (tax number)
• Details of the assets you want the will to cover (property registry references, bank account numbers)
• The names, dates of birth, and addresses of your beneficiaries
• The names of two witnesses (they must be present at signing and cannot be beneficiaries)

Step 3: Sign and Register

The notary drafts the will, reads it aloud (in Portuguese), and you sign it in the presence of two witnesses. The notary automatically registers it with the Central Registry of Wills (Registo Nacional de Testamentos).

When you die, the heirs request a certificate from this registry to confirm whether a Portuguese will exists. If yours is registered, it surfaces immediately.

Cost

Notary fees for a standard will typically run EUR 150 to 400 depending on complexity. Adding the Brussels IV election does not significantly increase the cost.

Common Mistakes to Avoid

Not including the Brussels IV election. If you want testamentary freedom, the election must be explicitly written in the will. Many expats assume their nationality's law automatically applies — it does not.

Revoking the foreign will. Your Portuguese will should state it covers only Portuguese assets and does not revoke any other will. Without this clause, a Portuguese notary might interpret it as revoking your UK or US will.

Not updating after life changes. Marriage, divorce, the birth of children, or the acquisition of new Portuguese assets all require updates to your will. A will drafted when you were single may not reflect your wishes after marriage.

Relying on a handwritten will. Portugal does recognize handwritten (holographic) wills, but they are not registered with the Central Registry and must be validated by a court after death — adding months to the probate process.

For families dealing with the aftermath of a death in Portugal — whether the deceased had a will or not — the Portugal Expat Death Guide covers the complete estate settlement process from emergency procedures through final asset transfer.

See more Portugal guides →