Inheritance law Portugal and succession law

Portuguese inheritance law explained

Inheritance law in Portugal is governed by the Portuguese Civil Code and the Portuguese Inheritance Tax Code, the typical consults on this area range the following subject: guidance through the process on who inherits, portuguese inheritance law property and portuguese civil code inheritance.

Learn all about Inheritance law Portugal and succession law, forced heirship in Portugal, who inherits in Portugal, Portuguese inheritance law on property.

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Inheritance law in Portugal is a critical area of legal practice that affects both residents and non-residents. Whether you're planning your estate, drafting a will, or inheriting property, understanding how Portuguese inheritance law works can help you avoid costly mistakes and ensure your assets are protected.

‍Here are some key aspects of inheritance law in Portugal:

Legal heirs: Under Portuguese law, legal heirs are entitled to a portion of an deceased person's estate. The legal heirs are the spouse, children, and parents of the deceased person. If there are no legal heirs, the estate goes to the deceased person's siblings.

‍Forced heirship: Under Portuguese law, certain legal heirs, such as children and grandchildren, have a right to a mandatory portion of the estate, known as a "forced heirship" or "legitimate share". This means that they are entitled to a certain percentage of the estate regardless of any testamentary dispositions made by the deceased person.

‍Will: A will is a legal document in which a person can specify how they would like their assets to be distributed after their death. A will can be used to leave assets to people who are not legal heirs, such as friends or charities.

‍Inheritance tax: Portugal levies an inheritance tax on the transfer of assets from a deceased person to their heirs. The tax rate varies depending on the value of the assets, the relationship between the deceased person and the heir, and the region where the assets are located.

‍Probate: After a person dies, their estate must go through a legal process known as probate. This process involves the distribution of the deceased person's assets, payment of debts and taxes, and the distribution of the remaining assets to the heirs.

‍Intestate: If a person dies without a will, the estate will be distributed according to the laws of intestacy.

This means that the assets will be distributed to the legal heirs as determined by the Portuguese Civil Code.It's important to note that the Portuguese inheritance laws can be complex and it's advisable to seek the assistance of a lawyer who specializes in inheritance law to guide you through the process on who inherits, portuguese inheritance law property and portuguese civil code inheritance.

How Does Inheritance Law Work in Portugal?

Portuguese inheritance law follows a civil law system, which includes strict rules on who inherits your estate when you pass away. These rules are governed by the Portuguese Civil Code, which distinguishes between testate (with a will) and intestate (without a will) succession.If you're wondering how does inheritance law work in Portugal for expats or property owners, it's essential to get advice early from a lawyer.

Inheritance Rights for Spouses and Children

Under Portuguese law, certain heirs—called "forced heirs"—are entitled to a minimum portion of the estate, regardless of what's written in the will. This usually includes the spouse and children. If you have children, at least 50% of your estate must go to them. The remaining portion can be distributed freely.One of the most common searches is about inheritance rights for spouses in Portugal. These rights ensure protection even in second marriages or blended families.

Who Inherits if There Is No Will in Portugal?

If you die without a will in Portugal, your estate is divided according to the rules of intestate succession. The legal order of inheritance typically follows this hierarchy:Spouse and childrenParents and siblingsMore distant relativesMany clients ask who inherits if there is no will in Portugal—especially when there are no direct descendants. Legal advice can clarify such situations.

How to Write a Legal Will in Portugal

A will ("testamento") in Portugal must be created in compliance with legal formalities. You can draft it privately or with a notary. Hiring a lawyer to draft your will ensures clarity and legal validity. Common Questions:Can I write my own will under Portuguese law? Yes, but it must follow strict legal formats.Who can witness a will? Typically, witnesses must be non-beneficiaries and legally competent.Knowing how to write a legal will in Portugal can prevent future disputes among heirs.

Inheritance Tax in Portugal

Portugal is known for its favorable inheritance tax policies:Direct heirs (children, parents, spouses) are exempt from inheritance tax.Other heirs pay a 10% stamp duty.

Do children pay inheritance tax in Portugal? No.
‍Inheritance tax exemption rules: Apply to direct heirs.

If you're unsure about liabilities, consult a lawyer specializing in inheritance tax Portugal.

Legal Rights of Stepchildren and Unmarried Partners

Under current Portuguese law, stepchildren do not have automatic inheritance rights unless legally adopted. Unmarried partners may claim a share only if they are in a registered union.This raises common questions about inheritance rights for spouses in Portugal when couples are not legally married.

Time Limits and Legal Process

You must usually claim an inheritance within 10 years of the decedent’s death. Delays may result in losing rights to the estate.Required documents include:Death certificateWill or proof of intestacyInheritance tax declarationsNotarial deed or court rulingWhether you're learning how to write a legal will in Portugal or resolving disputes, staying within time limits is key.

Portuguese Inheritance Law on Property: What You Need to Know

If you're inheriting property in Portugal—or planning your estate—understanding Portuguese inheritance law is essential. The country’s civil law system outlines clear rules on succession, forced heirs, property division, and taxation, especially for foreigners who own assets in Portugal. This guide explains how inheritance of property works in Portugal, including key rules, legal rights, and tax implications.

1. Overview of Inheritance Law in PortugalPortugal follows a civil law tradition, and inheritance is governed primarily by the Portuguese Civil Code. The law applies to both Portuguese citizens and foreign residents who own property in Portugal.

As of Regulation (EU) No. 650/2012, also known as the Brussels IV Regulation, non-Portuguese nationals can opt for the inheritance law of their nationality to apply to their Portuguese assets—but only if stated in a will.

2. Forced Heirs and Legal Reserve (Herança Legítima)Portugal protects certain heirs through the concept of "forced heirship" (herdeiros legitimários). These include:

Spouse
Children and descendants
Parents (in the absence of descendants)

These heirs cannot be disinherited except in very specific legal circumstances. By law: 50% of the estate must go to forced heirs.

The remaining 50% is available for free disposition by will.

Example:If you own a house worth €400,000:At least €200,000 must go to forced heirs.

The other €200,000 can be freely assigned (to a partner, charity, friend, etc.).

3. Inheriting Property in PortugalWithout a Will (Intestate Succession)If the deceased dies without a will, Portuguese law determines the heirs in this order:

Children and spouse
Parents and spouse
Siblings and their descendants

Other collateral relatives (up to the fourth degree)

The State (in rare cases)

The surviving spouse is not automatically the sole heir—their share depends on other heirs' existence.

With a Will you only dispose of the disposable portion (up to 50%).

A valid will must comply with:

Portuguese legal formalities (or those of the country of nationality if allowed)Proper notarization and/or registration in PortugalForeign wills are recognized in Portugal but should be translated and legalized/apostilled.

4. Inheritance Tax in PortugalPortugal does not levy inheritance tax (Imposto sobre Sucessões) in the traditional sense. However, Stamp Duty (Imposto do Selo) applies:

‍10% stamp duty on Portuguese assets (including property)
‍Exemptions: Spouses, descendants, and ascendants are exemptNon-family heirs (e.g., friends, unmarried partners) must pay 10%

‍5. Inheritance Process & Property TransferSteps to Transfer Inherited Property:
‍Death Certificate (translated if foreign)Will (if applicable)
‍List of Heirs and/or Certificate of Heirs (Certidão de Habilitação de Herdeiros)
‍Property ValuationPayment of Stamp Duty (if due)
‍Registration of Property Transfer at the Land Registry (Conservatória do Registo Predial)If the property is part of a shared inheritance, heirs may agree on division, sale, or joint ownership.

6. Key Considerations for ForeignersDomicile matters: If you are domiciled in Portugal at death, Portuguese law likely applies by default.EU nationals: Can elect their home country’s law to govern their Portuguese estate—but must state this clearly in a will.Non-EU nationals: Should seek legal advice to avoid conflicts of law.

7. Avoiding DisputesEstate disputes often arise from:

Lack of a clear willOmission of heirsUndisclosed propertyUnclear property titlesTo avoid problems:

Make a valid will in PortugalRegister all property correctlyCommunicate estate plans to family members

ConclusionPortuguese inheritance law protects family rights while offering some flexibility for estate planning. Whether you are inheriting property or drafting a will for your Portuguese estate, legal advice from a local lawyer or notary is highly recommended to ensure compliance and avoid unexpected issues.

Forced heirship portugal

If you're planning your estate or expecting an inheritance in Portugal, one of the most important legal principles to understand is forced heirship.

Known locally as “herança legítima”, this concept ensures that certain close family members are entitled by law to a fixed portion of the deceased’s estate—regardless of the terms of any will.

This article explains how forced heirship in Portugal works, who qualifies as a forced heir, how much they are entitled to, and what exceptions exist.

What Is Forced Heirship?Forced heirship is a legal framework that restricts a person’s freedom to dispose of their entire estate as they wish.

In Portugal, certain heirs cannot be disinherited, except under very limited and specific circumstances outlined by law.This rule is part of Portuguese civil law and is meant to protect close family members, ensuring financial support and avoiding family disputes after death.

Who Are the Forced Heirs in Portugal?Under Portuguese law, the following individuals are considered forced heirs (herdeiros legitimários):Children and other descendants (e.g., grandchildren)Spouse Parents and other ascendants (only if there are no descendants)

Example Scenarios:If you leave behind a spouse and children, both must inherit part of your estate.If you have no children but surviving parents, they have forced heir rights.

‍Siblings and other relatives are not forced heirs and only inherit if there is no will or no closer family.

How Much Must Be Reserved for Forced Heirs?

Portuguese law divides the estate into two portions:Legítima (Reserved portion): The part that must be inherited by forced heirs. Quota disponível (Disposable portion): The part the testator can freely assign in a will.Allocation Examples:If there is one child → 50% of the estate must go to the child.If there are two or more children → 2/3 must be reserved for them.If there is a spouse and one child → 2/3 goes to forced heirs (divided between them).