Foreign Wills in Portugal: Inheritance Law, Forced Heirship and EU Succession Rules

Many foreign homeowners in Portugal assume that the will they signed in their home country will automatically decide who inherits their Portuguese property. Sometimes it will. But in many cases, the real issue is not whether the will is valid — it is which country’s inheritance law applies.

That distinction matters. If Portuguese law governs the succession, Portuguese forced heirship rules may protect spouses, children and, in some cases, parents, even when a foreign will says something different.

Since 2015, the EU Succession Regulation has made habitual residence the default rule for many cross-border inheritance cases. This means that a foreign national who lives permanently in Portugal may have Portuguese succession law applied to their estate, unless they made a valid choice of law in favour of their nationality.

At RE/MAX Cidadela, based in Cascais since 2004, we regularly work with international owners and heirs dealing with inherited property in Cascais, Lisbon, Oeiras and Sintra. We are not a law firm, and this article is not legal advice. But from a real estate perspective, we often see the same problem: families only discover which inheritance law applies after death, when the options are already limited.

Quick summary

• A foreign will can often be recognised in Portugal, but that does not automatically mean the estate will be distributed exactly as the will says.
• Under the EU Succession Regulation, the default rule is that the law of the deceased’s habitual residence at the time of death governs the succession.
• For long-term foreign residents in Portugal, this may mean Portuguese inheritance law applies, even if they are British, American, Brazilian, South African or another nationality.
• Portuguese law includes forced heirship rules, which protect spouses, descendants and, in some cases, ascendants.
• A foreign owner may usually choose the law of their nationality to govern their succession, but this choice must be made validly, usually in a will or equivalent succession document.
• A choice of law can affect how the estate is divided, but it does not remove Portuguese tax obligations connected with Portuguese property.
• The European Certificate of Succession can help heirs prove their status across EU member states, especially when an estate includes assets in more than one country.
• Foreign owners in Portugal should review their will, habitual residence position and succession planning before a problem arises.

Broker Tip: If you own property in Portugal as a foreign national, ask your lawyer one direct question: “If I died today, which country’s inheritance law would apply to my Portuguese property?” Many owners assume the answer is their nationality. In reality, the answer may be Portugal.

Does a foreign will apply in Portugal?

A foreign will can often be recognised in Portugal, but the answer depends on what you mean by “apply”.

There are two different questions.

The first is whether the will is formally valid. Was it signed correctly? Was it witnessed correctly? Was it made according to the legal rules of the country where it was created, the testator’s nationality or another accepted connecting factor? In many cases, Portugal can recognise a foreign will as formally valid.

The second question is more important: can the content of that will be enforced exactly as written?

That depends on the law governing the succession. If the applicable law is the law of a country with broad testamentary freedom, the will may largely operate as intended. If the applicable law is Portuguese law, forced heirship rules may restrict what the will can do.

This is the gap that surprises many foreign families. The will may not be “invalid”. It may simply be unable to override mandatory inheritance rights if Portuguese law applies.

This is why foreign owners should not only ask whether they have a will. They should ask whether their will contains a valid choice of law and whether it still works after moving to Portugal or acquiring Portuguese property.

Why this matters: same will, different result

Imagine two British nationals. Both own a villa in Cascais. Both made a will in England leaving their estate to one child and excluding two others.

The first owner lives permanently in the United Kingdom and uses the Cascais villa only as a holiday home. Their habitual residence is likely to remain in the UK. In that case, the succession may be governed by the relevant UK jurisdiction, such as England and Wales, depending on the facts. A system with broader testamentary freedom may allow the will to operate closer to the owner’s wishes.

The second owner moved to Portugal eight years ago, lives in Cascais full-time, has Portuguese tax residence, spends most of the year in Portugal and manages their life from Portugal. Their habitual residence may now be Portugal. If they never made a valid choice of law in favour of their national law, Portuguese law may apply by default.

The same will can then produce a very different result.

If Portuguese forced heirship rules apply, the excluded children may have protected inheritance rights. They may be able to challenge the distribution and claim their legally protected share. The will may still exist, but it may not be able to do everything the owner thought it would do.

That is the central point: under the EU Succession Regulation, nationality is not always the default rule. Habitual residence usually is.

What is the EU Succession Regulation?

The EU Succession Regulation, formally Regulation (EU) No 650/2012, applies to the succession of people who died on or after 17 August 2015. Its purpose is to simplify cross-border inheritance cases within the European Union by connecting the succession to one main legal system.

Before rules like this existed, international estates could become fragmented. One country might apply one law to real estate, another might apply another law to bank accounts, and heirs could face separate procedures in different jurisdictions. The Regulation tries to avoid that by establishing a more coherent system.

The basic principle is simple: in most cases, the law governing the succession is the law of the deceased’s habitual residence at the time of death.

This matters deeply for foreign nationals living in Portugal. A person may hold a British, American, Brazilian, South African, French, Dutch or German passport, but if their habitual residence is Portugal when they die, Portuguese law may be the starting point unless they made a valid choice of law.

The Regulation has what is known as universal application. This means that, once an EU member state court or authority has jurisdiction, the law applied can be the law of an EU country or a non-EU country. This is why the Regulation is relevant not only for EU citizens, but also for many Americans, Brazilians, British nationals and other non-EU nationals connected with Portugal.

Denmark, Ireland and the United Kingdom are not bound by the Regulation. However, this does not mean British or Irish nationals living in Portugal can ignore it. Portuguese authorities still use the Regulation to determine which law applies when Portugal is the relevant EU jurisdiction.

What does habitual residence mean in an inheritance case?

Habitual residence is not exactly the same as nationality, tax residence or where someone owns property. It is a factual and legal assessment of where the person’s life was centred at the time of death.

For many people, the answer is obvious. If someone lived permanently in Portugal for many years, had their home, family life, healthcare, daily routines and main personal connections in Portugal, Portuguese habitual residence may be clear.

For others, it can be more complicated. A foreign owner may divide time between Portugal and another country, own homes in several jurisdictions, have tax residence in one place but family ties in another, or spend long periods abroad.

Relevant factors may include:

• where the person actually lived most of the time;
• where their main home was located;
• where their family or partner lived;
• where they received healthcare;
• where they managed their financial and personal life;
• how long and how regularly they stayed in Portugal;
• whether their move to Portugal was temporary or permanent;
• how they described their residence in official documents.

This is why foreign owners should not assume that “I am not Portuguese” means “Portuguese inheritance law cannot apply”. The default test is usually not passport-based. It is residence-based.

From a planning point of view, this is crucial. If a foreign owner has gradually become habitually resident in Portugal without updating their will, their estate may be exposed to rules they never intended to apply.

What is Portuguese forced heirship?

Portuguese forced heirship, known as legítima, is one of the main reasons this topic matters so much.

In Portugal, a person does not always have complete freedom to leave their estate to whoever they want. Certain family members are legally protected. These are known as herdeiros legitimários, or forced heirs.

The protected heirs are generally:

• the spouse;
• descendants, such as children and grandchildren;
• ascendants, such as parents and grandparents, when there are no descendants.

If Portuguese law governs the succession, these protected heirs are entitled to a minimum share of the estate. A will cannot simply disinherit them without a legally valid reason.

The remaining part of the estate, outside the protected share, is the portion the testator can distribute more freely through a will.

This system can feel very unfamiliar to owners from common-law jurisdictions. In countries or jurisdictions with broader testamentary freedom, such as England and Wales in many cases, a person may have more freedom to leave assets to one child, a new spouse, a friend, a charity or another beneficiary. Portugal takes a more protective approach towards close family members.

That difference can dramatically affect families with second marriages, children from previous relationships, estranged children, unmarried partners, blended families, or owners who intended to leave a Portuguese property to only one person.

Can Portuguese forced heirship block the sale of an inherited property?

Yes, it can indirectly block or delay a sale.

Forced heirship does not usually “block” the property in a simple mechanical sense. The problem is that if the identity of the heirs or their shares are disputed, the property may become difficult or impossible to sell until the succession is clarified.

For example, imagine a foreign owner leaves a Cascais apartment to one child in a foreign will. The other children are excluded. If Portuguese law applies and the excluded children are protected heirs, they may challenge the distribution. Until the dispute is resolved, the buyer, notary, bank, lawyer or land registry may require clarity on who has the legal right to sell.

In practical real estate terms, this can lead to:

• delayed habilitação de herdeiros;
• disagreement between heirs;
• difficulty signing a promissory contract;
• inability to complete the deed;
• buyers withdrawing from the transaction;
• price reductions due to legal uncertainty;
• court proceedings before the property can be sold.

This is why succession planning matters even to real estate professionals. A poorly planned succession can turn a valuable property into a legally complicated asset.

How can a foreign owner choose their own country’s law?

The EU Succession Regulation allows a person to choose the law of their nationality to govern their succession. This is often called a choice of law or professio juris.

This is one of the most important planning tools for foreign nationals living in Portugal.

If a British, American, Brazilian, South African or other foreign national wants their national law to govern their succession instead of Portuguese law, they may be able to make that choice in a valid will or equivalent succession document.

A person with more than one nationality may generally choose the law of any nationality they hold, either at the time of making the choice or at the time of death.

This choice of law can be extremely powerful. It may allow the estate to be governed by a legal system with broader testamentary freedom, reducing or avoiding the application of Portuguese forced heirship rules to the division of the estate.

However, this must be done correctly. A general will that says “I leave my estate to X” is not necessarily the same as a valid choice of law. The election should be deliberate, clear and legally reviewed.

Does a choice of law avoid Portuguese taxes?

No.

This is a very important distinction.

A choice of law affects the succession law that governs who inherits and in what shares. It does not remove Portuguese tax rules connected with Portuguese property.

If the estate includes property in Portugal, Portuguese tax and procedural obligations may still be relevant. Depending on the case, this may include Stamp Duty reporting, registration steps, tax identification numbers, documentation, and later capital gains tax if the inherited property is sold.

In other words, a British national living in Portugal may be able to choose the relevant law of their nationality to govern the distribution of their estate. But that does not mean Portuguese tax rules disappear for a property located in Cascais, Lisbon, Oeiras, Sintra or elsewhere in Portugal.

This is where many families confuse two different questions:

For this reason, foreign owners should coordinate legal planning, tax advice and real estate strategy. A will may solve one problem but leave others untouched.

For the full mechanics of Portuguese capital gains tax on inherited property, including how the acquisition value is calculated and how each heir is taxed individually, see our companion guide: Selling Inherited Property in Portugal: Capital Gains Tax Guide for Heirs.

Is a foreign will enough if you own property in Portugal?

Sometimes yes. Often, no.

A foreign will may be perfectly adequate for a non-resident foreign owner with a clear estate, no family conflict and habitual residence outside Portugal. But for long-term residents, blended families, owners with children from previous marriages, or people who have moved their life to Portugal, simply having a foreign will may not be enough.

The key issue is whether the will answers the following questions:

• Does it contain a valid choice of law?
• Is the chosen law linked to the testator’s nationality?
• Is the will formally valid in the relevant jurisdictions?
• Does it coordinate with Portuguese property procedures?
• Does it deal clearly with the Portuguese asset?
• Does it reflect the owner’s current family situation?
• Has it been reviewed after moving to Portugal?

A will made ten or fifteen years ago, before buying property in Portugal or becoming resident here, may no longer be enough. It may still be formally valid, but it may not reflect the owner’s current legal risk.

This is particularly important for foreign residents who originally bought a holiday home and later made Portugal their permanent base. The legal analysis may have changed without them realising it.

Do British nationals living in Portugal need a Portuguese will?

Not necessarily — but they should definitely review their succession planning.

The question is not simply “Do I need a Portuguese will?” The better question is: “Does my current will produce the result I want if I die while habitually resident in Portugal?”

For British nationals, this is especially important because the United Kingdom did not participate in the EU Succession Regulation and is now treated as a third country. However, if a British national is habitually resident in Portugal at the time of death, Portuguese authorities may still use the Regulation to determine the applicable law.

A British will may be recognised in Portugal in terms of form, but that does not automatically mean Portuguese forced heirship rules are avoided. If the owner wants the relevant UK law of nationality to apply, this should usually be stated clearly through a valid choice-of-law clause.

There is also an additional nuance: the United Kingdom is not one single succession system in every respect. England and Wales, Scotland and Northern Ireland can have different legal features. This is another reason why generic advice can be dangerous.

For British owners in Cascais, Estoril, Lisbon, Oeiras or the Algarve, the safest approach is to have the will reviewed by a lawyer familiar with both Portuguese succession law and the relevant UK jurisdiction.

What about Americans, Brazilians and other non-EU nationals?

The EU Succession Regulation can also matter for non-EU nationals.

Because of its universal application, the Regulation may lead a Portuguese court or authority to apply the law of a non-EU country if that law was validly chosen or otherwise relevant. This means an American, Brazilian, South African, Canadian or other non-EU national living in Portugal may still need to consider Brussels IV when planning their estate.

For example, an American retiree living permanently in Portugal may assume that their US estate plan controls everything. But if their habitual residence is Portugal and no valid choice of law has been made, Portuguese succession law may become relevant.

A Brazilian owner may assume that because Portugal and Brazil share language and legal similarities, the process will be straightforward. In reality, the analysis may still involve nationality, habitual residence, the location of assets, the terms of the will, and Portuguese property formalities.

For non-EU nationals, the planning message is the same: do not rely on nationality alone. Confirm which law would apply and whether a clear choice of law is needed.

What is the European Certificate of Succession?

The European Certificate of Succession, often called the ECS, is a document created by the EU Succession Regulation to help heirs, legatees, executors or estate administrators prove their status across EU member states.

It is not always required. In many Portuguese inheritance cases, heirs may use other documents, such as a Portuguese habilitação de herdeiros or equivalent legal instruments. But the ECS can be useful when an estate includes assets in more than one EU country.

For example, imagine a foreign resident dies leaving:

• a property in Cascais;
• a bank account in France;
• an investment account in Spain;
• heirs living in different countries.

In a case like this, the ECS can help heirs prove their rights across several EU jurisdictions without having to duplicate every legal step in each country.

For simple cases involving only Portuguese assets, other documents may be enough. For cross-border estates, the ECS can be a practical tool.

Practical scenarios for foreign owners in Portugal

The following examples show how different outcomes can arise depending on residence, nationality and planning.

These examples are simplified. Real cases depend on the exact facts, including residence history, family structure, documents, nationality and the location of assets.

What foreign owners in Portugal should do now

Foreign owners should not wait until heirs are trying to sell the property. By then, the options are much more limited.

The first step is to review habitual residence. Where is the owner’s life actually centred? Has a holiday home become a permanent home? Has tax residence changed? Has the family situation changed since the will was made?

The second step is to review the will itself. Does it contain a clear choice-of-law clause? Was it drafted before or after the owner moved to Portugal? Does it deal properly with the Portuguese property? Is it compatible with the owner’s current intentions?

The third step is to coordinate the legal and practical sides. Even if the chosen succession law is not Portuguese law, the Portuguese property will still need to be dealt with through Portuguese procedures. Heirs may still need tax numbers, documentation, inheritance declarations, registration steps and, eventually, real estate support if the property is to be sold.

The fourth step is to involve the right professionals. This usually means a succession lawyer, possibly a tax adviser, and an experienced real estate team if the estate includes a property that may be sold, valued, rented or transferred.

From a property perspective, the best inheritance cases are the ones where the owner planned early and the heirs receive a clear, documented path. The hardest cases are the ones where everyone discovers the legal problem after death.

How this affects selling inherited property in Portugal

When heirs inherit a property in Portugal, selling it is not only a commercial decision. It is also a legal and documentary process.

Before a sale can usually move forward, it must be clear who the heirs are, what share each heir owns, whether there are disputes, whether all necessary documents are available, and whether the property registration can be updated or supported for the transaction.

If the will is challenged, if forced heirship rights are unclear, or if there is disagreement between heirs, the sale may become difficult. Buyers and banks are cautious with inherited properties where ownership is not clear.

This is why international succession planning connects directly with real estate value.

A well-prepared inheritance can make a future sale faster, cleaner and more valuable. A badly prepared inheritance can reduce buyer confidence, delay the deed, increase legal costs and weaken the heirs’ negotiating position.

For foreign families with property in Cascais, Lisbon, Oeiras or Sintra, this is especially relevant because many inherited properties are high-value assets. A delay of six months, a family dispute or a failed sale can have a significant financial impact.

For the practical, step-by-step process of selling an inherited property — from the habilitação de herdeiros to coordinating multiple heirs — see our full guide: Selling an Inherited Property in Portugal: Complet Guide for Foreign and Non-Resident Heirs

Common mistakes foreign owners make

One of the most common mistakes is assuming that owning property in Portugal does not affect inheritance planning. In reality, a Portuguese property can create legal, tax and procedural obligations even when the owner and heirs are foreign.

Another mistake is assuming that nationality controls everything. Under the EU Succession Regulation, habitual residence is often the default rule. A person who has lived in Portugal for years may be much more connected to Portuguese succession law than they realise.

A third mistake is relying on an old will. A will made before moving to Portugal, before a second marriage, before children became estranged, or before buying Portuguese property may no longer be strategically adequate.

A fourth mistake is confusing tax planning with succession planning. A choice of law may help determine who inherits, but it does not eliminate Portuguese property taxes or reporting obligations.

A fifth mistake is waiting until a sale is needed. By the time heirs want to sell, they may discover that the succession documents are incomplete, the will is contested, or the applicable law is not what the family expected.

These mistakes are preventable. But they need to be addressed while the owner is alive and able to make decisions.

Frequently asked questions

Does a foreign will override Portuguese inheritance law?

Not automatically. A foreign will may be valid in form, but the law governing the succession decides whether its content can be applied exactly as written. If Portuguese law applies, forced heirship rules may limit the freedom to exclude protected heirs.

Does Portuguese forced heirship apply to foreigners?

It can. Portuguese forced heirship applies when Portuguese law governs the succession. That may happen when a foreign national is habitually resident in Portugal at the time of death and has not made a valid choice of law in favour of their nationality.

Can I choose my national law instead of Portuguese law?

Often yes. Under the EU Succession Regulation, a person may generally choose the law of their nationality to govern their succession. This choice should be made clearly in a valid will or equivalent document and reviewed by a qualified lawyer.

Is a choice of law the same as having a will?

No. A will distributes assets. A choice of law identifies which country’s law should govern the succession. A will may contain a choice-of-law clause, but a standard will does not automatically include one.

Do British nationals living in Portugal need to update their wills?

Many should at least review them. A British will may still be valid, but if the owner is habitually resident in Portugal and has not made a clear choice of law, Portuguese succession rules may become relevant. British nationals should seek advice from a lawyer familiar with Portuguese law and the relevant UK jurisdiction.

Can Portuguese forced heirship delay the sale of an inherited property?

Yes. If protected heirs challenge the will or if heirship is unclear, the property sale may be delayed until the legal position is resolved. This can affect the sale timetable, buyer confidence and negotiation power.

Does choosing foreign law avoid Portuguese inheritance or property taxes?

No. Choice of law affects succession rights, not Portuguese tax obligations. A Portuguese property may still trigger Portuguese reporting requirements, Stamp Duty considerations and capital gains tax if sold later by the heirs.

Do heirs need a European Certificate of Succession?

Not always. The European Certificate of Succession is optional and is most useful when an estate includes assets in more than one EU member state. In purely Portuguese cases, other documents such as a habilitação de herdeiros may often be used.

Should foreign owners in Portugal make a Portuguese will?

It depends. The key is not simply whether the will is Portuguese or foreign. The key is whether the will is valid, coordinated with Portuguese procedures, reflects the owner’s current residence and family situation, and contains an appropriate choice of law if needed.

What should heirs do before selling inherited property in Portugal?

They should confirm who the legal heirs are, whether the will can be applied, whether any forced heirship rights exist, whether the required documents are complete, and what tax consequences may arise from the sale. In cross-border cases, legal advice should come before signing any sale agreement.

Final thoughts: foreign wills are not just a legal detail

For foreign owners, a will is not just a document. It is part of the future legal route through which a Portuguese property will eventually pass to heirs, be transferred, be kept, be rented or be sold.

The risk is not only that a will is missing. The greater risk is that the owner has a will but has never checked whether it still works after moving to Portugal, becoming habitually resident here, buying Portuguese property or changing family circumstances.

The families who avoid the biggest problems are usually the ones who ask the right questions early:

Which country’s law would apply if the owner died today?
Does the will contain a valid choice of law?
Could Portuguese forced heirship affect the intended beneficiaries?
What documents would heirs need to sell the property later?
Are the legal, tax and real estate sides coordinated?

Once death has occurred, the family may have far fewer options. That is why this is a planning issue before it becomes an inheritance issue — and an inheritance issue before it becomes a property sale issue.

This article is for general information only and is not legal advice. Foreign owners of property in Portugal should speak with a qualified succession lawyer before making or changing a will, choosing applicable law, or planning the transfer of assets to heirs.

Need guidance with an inherited property in Portugal?

RE/MAX Cidadela is not a law firm, but we regularly work with foreign owners, international heirs and families managing inherited properties in Cascais, Lisbon, Oeiras and Sintra.

If you need to understand the real estate side of an inherited property — valuation, sale strategy, documentation, market timing or coordination with legal partners — we can help you take the next step with clarity.

Contact RE/MAX Cidadela and we can also refer you to experienced succession-law professionals for the legal part of the process.

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👤About the Author

By Pedro Pettermann
Pedro Pettermann is a Broker at RE/MAX Cidadela in Cascais, with over 20 years of experience in the real estate market across the Cascais coastline, Lisbon, Oeiras, and Sintra. With an MBA from IE Business School, he combines strategic vision with deep local expertise. Recognized as a specialist in the real estate market, mortgage financing, and digital marketing, he helps owners and buyers make confident and profitable decisions.

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At RE/MAX Cidadela, we have already helped more than 4,800 families successfully sell or buy the home of their dreams