Writing a will in Portugal: what expats must do to protect their estate

Without a Portuguese will, your entire estate defaults to Portuguese succession law. The order is strict: spouse first, then children in equal shares, then parents, then siblings. If you're a foreigner with property in Portugal and you die intestate (without a will), your family must navigate Portuguese probate courts to prove their relationship to you and claim their share. This can take years. Your assets freeze. Your family pays court fees and lawyer fees. Disputes emerge. Your wishes—if you wanted to leave money to a friend, a charity, or a godchild—vanish entirely.

The solution is a Portuguese will, drafted by a Portuguese notary (notário) and often with a lawyer who specializes in expat estates. The notary is not optional. Portuguese law requires a will to be notarized to be valid. You cannot simply write one yourself or have it witnessed by friends. The notary will ask you questions about your assets, your family, your intentions, and your citizenship. They will draft the will in Portuguese (or sometimes in English with a Portuguese translation, depending on the notary). They will keep the original in their archive. They will give you a certified copy.

The cost is modest—typically 200 to 400 euros for a straightforward will—but the notary's fee varies by region and by the complexity of your estate. Some notaries charge a flat fee; others charge a percentage of the estate value. Ask upfront. You may also want to hire a lawyer to review the will before you sign it, especially if you have assets in multiple countries or a complicated family situation. A lawyer consultation typically costs 150 to 300 euros per hour.

Here's the critical part: a Portuguese will only governs your Portuguese assets. If you own property in your home country or in another country, that property is governed by the laws of that country, not by your Portuguese will. You need a will in each country where you own real estate or significant assets. These wills must coordinate with each other. If your Portuguese will leaves your Lisbon apartment to your daughter and your home-country will leaves your house to your son, both wills are valid in their respective jurisdictions, but your family will face confusion and potential conflict. A lawyer who understands cross-border estates can help you draft wills that work together.

The legitimate share rule applies only to Portuguese assets and only if you die domiciled in Portugal. If you're a resident of Portugal and you die, Portuguese law applies to your Portuguese property. But there's a wrinkle: if you're a citizen of an EU country, you may be able to choose the law of your home country to govern your entire estate, including your Portuguese property. This is called "choice of law" and it's allowed under EU succession regulations. You must state this choice explicitly in your will. A lawyer can advise whether this makes sense for your situation.

Timing matters. Do this while you're healthy and clear-headed. If you wait until you're ill or incapacitated, you may lose the ability to make a will at all. Portuguese law requires testamentary capacity—you must understand what you own, who your heirs are, and what you're doing. If a court later questions your capacity, your will can be challenged. Your family will fight over it. The estate will be frozen while lawyers argue. Avoid this by planning ahead.

Probate in Portugal is slow. If you die with a valid Portuguese will, your heirs still must go through a process called "inventário" (inventory) to officially transfer your assets. This can take six months to two years, depending on the complexity of your estate and the efficiency of the local court. If you die without a will, the process is longer and more expensive. Your family will hire a lawyer to petition the court, prove their relationship to you, and ask the court to distribute your estate according to Portuguese law. This can take three to five years. During this time, your apartment sits empty. Your bank account is frozen. Your family cannot sell your property or access your money.

One more thing: if you have a Portuguese will and you also have a will in your home country, make sure both documents are stored safely and that your family knows where to find them. Give your notary's details to your family. Give a copy of your Portuguese will to your lawyer or to a trusted friend in Portugal. Tell your family where your home-country will is stored. When you die, your heirs will need to produce both wills to the relevant authorities. If they can't find one, they'll have to go to court to prove it doesn't exist, which costs time and money.

The legitimate share rule is not negotiable. You cannot write a will that violates it. If you try, a Portuguese court will strike down the offending parts and apply the law instead. You can, however, work within the rule. You can leave your free share to whomever you choose. You can leave gifts to friends or charities. You can name a guardian for minor children. You can name an executor to manage your estate. You can leave detailed instructions about your funeral or your wishes for your property. A good lawyer will help you maximize your freedom within the constraints of Portuguese law.

If you're married and you own property jointly with your spouse, the rules are different. Joint property passes to your spouse automatically when you die, outside of probate. This is called "right of survivorship" and it's one of the cleanest ways to handle property in Portugal. But you still need a will for your separate property and for your free share of any jointly owned property.

Start now. Find a notary in your city or region. Ask for a referral from your lawyer, your bank, or other expats in your community. Schedule a consultation. Bring a list of your assets. Bring your family information. Bring your home-country will if you have one. The notary will explain the process, answer your questions, and draft your will. You'll sign it in front of the notary. It's done. Your family will have clarity. Your wishes will be honored. Your estate will pass smoothly to the people you choose.