Wills in Portugal: Guide for Foreigners and Residents

Everything you need to know about making a will (testamento) in Portugal, the types available, and the legal limits on what you can leave to whom.

Testamentary freedom is limited in Portugal

Unlike some countries, Portugal has forced heirship rules (legítima). You cannot disinherit your spouse, children, or parents. A will can only dispose of the "free portion" (quota disponível) of your estate, which varies from 1/3 to 1/2 depending on your family situation.

Types of wills in Portugal

Public will (Testamento Público)

Made before a notary (notário) at a Cartório Notarial. The notary drafts the will according to the testator's wishes. It is read aloud and signed in the presence of two witnesses. This is the most common and most secure type.

Cost: approximately 150-300 EUR

Closed will (Testamento Cerrado)

Written by the testator (or someone on their behalf) and sealed in an envelope. The sealed envelope is then presented to a notary who certifies it without reading the contents. Opened only after death.

Risk: may be declared invalid if legal requirements are not met

International will

Regulated by the 1973 Washington Convention. Useful for people with assets in multiple countries. Must be made before an authorized person (usually a notary) and two witnesses.

Special wills

In exceptional circumstances (military service, maritime voyages, risk of death), special simplified wills may be made. These have shorter validity periods and specific rules.

What a will can and cannot do

✅ A will CAN

  • • Distribute the free portion (quota disponível) to anyone
  • • Leave specific items to specific people (legados)
  • • Name a guardian for minor children
  • • Name an executor (testamenteiro)
  • • Leave assets to charities or organizations
  • • Express wishes about funeral arrangements

❌ A will CANNOT

  • • Disinherit forced heirs (spouse, children, parents)
  • • Dispose of more than the free portion
  • • Be made jointly with another person (no mutual wills)
  • • Include conditions that are illegal or immoral
  • • Be irrevocable (wills can always be changed)

How to check if a will exists

To check if a deceased person left a will, contact the Conservatória dos Registos Centrais in Lisbon:

This certificate confirms whether or not a will was registered. All public wills are registered here, but closed wills may not be if they were not deposited with a notary.

Making a will: step by step

1. Decide what you want

  • Identify your assets and who you want to receive the free portion
  • Remember: forced heirs automatically receive the legítima
  • Consider naming a guardian for minor children

2. Visit a Cartório Notarial

  • Bring your Cartão de Cidadão
  • The notary will advise you on what is legally possible
  • Two witnesses are required (they cannot be beneficiaries)

3. The will is registered

  • The notary registers the will with the Conservatória dos Registos Centrais
  • You receive a copy of the will
  • The will can be revoked or modified at any time by making a new will

Do unmarried partners inherit?

In Portugal, unmarried partners (união de facto) do not have automatic inheritance rights, even after years of cohabitation. However, if the partnership lasted more than 2 years and was registered, the surviving partner may have some rights (such as remaining in the shared home). To ensure your partner inherits, you must leave them assets through a will (within the free portion).

Portuguese wills for foreigners and expats

Choosing your national law (the key clause)

Under EU Regulation 650/2012, the law of your habitual residence governs your estate by default - meaning expats living in Portugal fall under Portuguese forced heirship (spouse, children and parents have a protected share). You can escape this by including a clause in your will choosing the law of your nationality. For most British, American or other common-law nationals this restores full freedom to leave assets as they wish. See our Portuguese inheritance law guide for details.

Making a Portuguese will as a foreigner

  • → A public will at any Portuguese notary costs 150 EUR (plus interpreter fees if you do not speak Portuguese - the notary will require one)
  • → You need your passport and Portuguese tax number (NIF)
  • → The will is automatically recorded in the Central Registry of Wills (RCT) - heirs can always locate it
  • → A Portuguese will can cover only your Portuguese assets, coexisting with a will in your home country (say so expressly to avoid revocation)

Foreign wills in Portugal

  • → Wills validly made abroad are in principle recognised in Portugal
  • → They usually need a certified translation and an apostille to be used before Portuguese authorities
  • → Purely handwritten (holographic) wills are not valid under Portuguese domestic law - relevant if Portuguese law ends up governing your estate
  • → When in doubt, make a Portuguese public will for Portuguese assets - it is cheap and removes friction for your heirs