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 |
Probate is generally required, but simplified procedures exist for small estates. |
| 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. |
Table of Contents
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?
Forced heirship rules are imposed. 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, then the brothers and sisters are 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 Portuguese assets held in other countries.
Who pays stamp duty for Portuguese goods held in other countries?
Those who inherit property from deceased persons but who are not family members must pay stamp duty in Portugal. Family members are exempt from this tax.
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 there is no Portuguese inheritance tax.
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.