Wills in Portugal

Imagine the following scenario: A mother is widowed or was never married and has only one child. Key question: Can she freely dispose of all her assets in a will? The answer is no. Under the Portuguese Civil Code, a child is considered a forced heir. This means that a legally protected portion of the estate cannot be removed or excluded by will. 📖 What is the forced heirship share in this case? When there is only one child, the forced heirship share corresponds to one half o

For many years, there was uncertainty. Especially when the estate included real estate. But be careful: Selling an inheritance share is not the same as selling a property belonging to the estate. And that distinction can completely change the tax treatment for personal income tax purposes. 👇 Consider the following case: António and Maria inherit from their father an estate composed of: • An apartment in Faro • A bank account • A rural plot of land Before the estate is divide

When someone passes away, the estate does not remain unmanaged. Until the estate is divided, one person is responsible for its administration: the head of the estate (under Portuguese law, the cabeça de casal). But administering an estate is not a matter of acting freely. The law imposes a clear duty: 👉 to render accounts of the estate’s administration. In practical terms, this means providing justification for: rents received payments made expenses incurred bank movements a

Planning your inheritance is an act of responsibility and foresight. In Portugal, succession planning requires particular care, as the law places clear limits on how freely a person may dispose of their assets. A well structured plan helps prevent family conflicts, reduces costs and provides legal certainty. 1. Understand the legal limits The first step is to understand the Portuguese legal framework. Portuguese law protects certain close family members, known as forced heirs

In Portugal, the division of an inheritance does not depend on the unanimous consent of all heirs. ⚖️ Key points: ✔️ No one is obliged to remain in an undivided estate Undivided inheritance is transitional in nature. Any heir has the right to demand the division of the estate. ✔️ Agreement facilitates, but is not mandatory When heirs reach an agreement, the division is simpler. When they do not, the law does not allow the situation to remain indefinitely blocked. ✔️ The divis

Inheritance law in Portugal governs what happens to a person’s assets after death. It is a highly structured area of law, based on mandatory rules designed to protect close family members and ensure legal certainty. As a result, the outcome is often very different from what people intuitively expect. This is a clear and practical overview. 1. What is succession? Succession is the legal transfer of a person’s assets, rights and also debts to their heirs.In Portugal, successio

🔹 Wills in Portugal: What You Should Know In Portugal, a will is the legal instrument that allows a person to decide how their assets will be distributed after death — within the limits established by law. ⚖️ Key points: ✔️ A will is a personal and revocable act It can be amended or revoked at any time, provided the testator has legal capacity. ✔️ There are legal limits Portuguese law protects forced heirs (the spouse, descendants and, in certain cases, ascendants). Not all