📌 If there is only a mother/father and one child, what is the child’s forced heirship share under Portuguese law?

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 of the estate, meaning 50 percent.

That half is legally reserved to the child.

✍️ What about the remaining half?

The other 50 percent is known as the disposable portion.

The mother may leave this portion to another relative, a grandchild, a partner, a friend, a charity or institution, or even to the same child, increasing their final share.

However, she cannot reduce the child’s forced share below one half.

💰 Practical example

If the mother’s estate is worth €200,000:

€100,000 are legally reserved to the child as the forced heirship share.

€100,000 may be freely allocated by will.

Portuguese law protects close family members even where a will exists.

⚖️ Testamentary freedom exists in Portugal.

But it has limits when forced heirs are involved.

ℹ️ Note: This text is for general informational purposes only. It does not constitute legal advice and does not replace a case specific legal assessment.