Portuguese Inheritance Lawyers

Our inheritance lawyers in Portugal can offer in-depth legal services for Portuguese and foreign citizens interested in heirship & more. Explore the following lines and reach out to our specialists for legal representation and advice.

Quick Facts
Intestacy rules	Succession is governed by law if there is no valid will.
Forced heirship (yes/no)	Yes, a reserved portion for children and spouse.
Estate taxes	No inheritance and gift tax apply, only stamp duty applies.
Executor	The executor's appointment is optional but can simplify the distribution process.
Legal age for inheritance	Inheritors must be at least 18 years old to receive property directly.
Community property	Portugal follows a community property system for married couples.
Legitimacy of foreign wills	Foreign wills may be valid if meeting certain formal requirements.
Probate process	There is no probate as in common-law countries; heirs are confirmed by a deed of heirship (habilitação de herdeiros), and an inventory procedure is used only when needed (e.g. disputes).
Disinheritance	Specific legal grounds for disinheriting an heir must be provided in the will.
Possibility of inheritance by Non-resident relatives (yes/no)	Yes, but they may face administration fee.
Forced heirship percentage	Reserved at least 50% of the share.
Estate administration time	The probate process can take several months to a few years to complete.
Parental consent for minors	Parental consent is required for minors to inherit property.
Succession rights of unmarried	Unmarried partners have no automatic succession rights.
International estate	International assets can be governed by Portuguese law if residing in Portugal.

What is the inheritance legislation applicable in Portugal?

The Inheritance Law in Portugal is stipulated by the Civil Code.

What is forced heirship in Portugal?

The principle that stands at the base of inheritance in Portugal. Half to 2 thirds of the assets left behind are directed to children, spouses and/or parents.

How is distribution of assets done in Portugal?

According to a will/testament.

What happens if there is no will left behind?

Statutory (intestate) succession rules apply. Here are some of them:

the legal heirs are a spouse and children, where the spouse shall not receive less than a quarter of the estate;
children but no spouse: the estate is divided equally;
when the deceased is survived only by a spouse, he/she receives all of the estate;
when the deceased is not married and has no children, the parents (or other ascendants) inherit; only if there are none do brothers and sisters become the heirs.

Ask for legal advice about Portuguese forced heirship rules and also explore the following infographic:

Is a will a common practice in Portugal?

Yes. This way, a person can distribute wealth according to his/her wishes.

What is stamp duty in Portugal?

Stamp duty in Portugal is 10% and applies to assets located in Portugal.

Who pays stamp duty on assets located in Portugal?

Those who inherit property from deceased persons but who are not spouses, de facto partners, descendants or ascendants must pay stamp duty in Portugal. Spouses, de facto partners, descendants and ascendants are exempt from this tax; other relatives (e.g. siblings) are not.

Are other taxes levied on goods inherited in Portugal?

Administration fees may be levied on foreigners who inherit properties in Portugal. Most refer to those for translating various documents.

Can foreign inheritance tax apply to properties in Portugal?

Yes, taxation can be made according to the functional inheritance laws in the country of origin. Please note that Portugal has no separate inheritance tax; inheritances are subject to 10% stamp duty (close family exempt).

What types of legal services can an inheritance lawyer provide in Portugal?

support in creating a testament in Portugal,
representation in front of local authorities for inheritance cases/assets distribution,
execution of formal legal process to recognize legal successors,
assistance in registering Portuguese testaments from local and foreign citizens.

NOTE: We represent our customers with a power of attorney in Portugal, including at the notary office for various administrative & legal tasks.

Additional information about Inheritance Law in Portugal can be provided by our local experts. Please contact our inheritance lawyers in Portugal and get your answers and legal services today.