Contact in Portugal
Portugal: +351 308 801 853
UK: 0800 098 8033
US: +1 415 651 8449

Inheritance law Portugal

Inheritance law differs for country to country. When someone decides to move to Portugal and to hold a property and other assets, such as bank accounts here, it is advisable to take some time to consider what will happen in the future to these assets, when an inheritance takes place.

Inheritance law Portugal: default is generally good

The general rule in Portugal is that when one dies, their properties and assets pass on to their heirs. There is a list in the Portuguese Civil Code that defines who are the heirs, and the list refers to the immediate family members like husband/wife, children, parents, brothers.

This is why many Portuguese citizens don’t even bother to make a Will, it is not necessary if they accept the general rules. In some cases though, it’s possible to choose and decide the jurisdiction that will be applied to a case in the future. This can have an enormous impact on the amount of taxes, for instance, since Portugal does not impose an inheritance tax, (although stamp duty is payable in some cases).

But it does not mean necessarily “good” for an expat

On the other hand, it can mean you can choose different rules to apply. Being an expat in a foreign country implies that if you do not want the local general rules to apply, you must and should create a Will that reflects the way you would like you inheritance to be shared, that can reflect your country’s laws.

Let’s say your intention is not to leave a part of your inheritance to one of your immediate family members, such as one of your children. This might be possible under the law of your country of origin, but it is contrary to the Portuguese law. This means that if you do not leave a written Will, duly registered and certified with a Public Notary, in a case of disagreement between the heirs in Court, the Portuguese law will prevail. In that case, your last wishes regarding the distribution of ownership of your assets will not be considered.

That is why when our clients reach us, they know that it is mandatory to get specialized legal advice because not every lawyer or notary knows how to ensure the rules of the origin country are applies, even in a Will in Portugal. This is a specific area of law that combines rules from several countries.

There are many international and European rules and laws to apply – depending on where you come from – that must be studied and understood in advance to ensure the Will in valid and enforceable, once needed.

We can unfortunately imagine a situation where your inheritance and assets will be the source a long and expensive disagreement in the Portuguese courts, just because the Will was not written in accordance with the correct rules or was not done at all. An independent legal expert can provide you with general advice on inheritance law, taking into account all of the applicable laws, and can give you more details on the best structure for your Will, prepare and also advise the solution that can legally minimize or even eliminate the taxes that will be due.

This can make the difference between an enforceable Will, with the elimination of taxes due on the inheritance, and a long and acrimonious debate over the estate in the Portuguese courts.

You may be interested in the following service...

Client testimonials

"It would help to understand what the process was and to be informed more along the way . I do understand I was not the only client and covid made things a little more difficult, but being in another country you have a feeling of not been kept informed and you feel lost especially when it's dealing with a death ."

Maureen Home (Aug 10, 2021)

Inheritance

Available in the following locations: Aveiro, Castelo Branco, Faro, Lisbon, Portimão, Porto, Viseu.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

Location

1Who is this Service for?

For those who need to arrange for an estate abroad to be transferred to beneficiaries under a Will or via intestacy

2What does this service consist of?

  • Assistance obtaining a legalised copy of the death certificate.
  • Arrange a legal copy of any existing will.
  • Verification of the existence of any life insurance policies.
  • Power of Attorney to avoid excessive travel costs
  • Inheritance Acceptance Deed drawn-up with the public notary.
  • Payment of Inheritance Tax at the office.
  • New titles in the inherited assets are inscribed in the relevant registry
  • Simultaneous sale or disposal of assets if required (please request quotation).

 

Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

AdvocateAbroad.com Message
Established more than
10 years ago
Present in 20
European Countries
Over 30,000 client enquiries
successfully managed