Wills & Succession · Portugal
Wills lawyers in Portugal for estate planning that fits the law
Portuguese succession is written law, and it reserves a fixed share of your estate for certain heirs. A lawyer registered with the Ordem dos Advogados can tell you what is possible before you sign anything. Tell us about your situation and we introduce you to the right specialist.
- Wills, succession and estate planning
- Lawyers registered with the Ordem dos Advogados
- Free matching, usually answered within 24–48 hours
Free, confidential and with no obligation to instruct the lawyer we introduce.
Get matched with a lawyer
Tell us about your situation and receive a free, confidential case review.
Before you instruct
A codified succession system, explained in plain English
Portuguese succession is written law, not judicial precedent, and it limits how freely you can distribute your estate. Our wills lawyers in Portugal work within the Civil Code, the legítima reserved for spouses, descendants and ascendants, and the notarial and land-registry formalities that give effect to a will over Portuguese property. Whether you live in Lisbon or abroad, own an apartment in the Algarve or hold assets in two countries, you need a lawyer registered with the Ordem dos Advogados — only registered lawyers may perform the acts reserved to the profession before the Portuguese courts and authorities. Tell us your situation in a few lines: we review it, then match you with a lawyer whose practice focuses on wills, succession and estate planning in Portugal. The matching service is free and carries no obligation.
Portugal in practice
How wills and succession work in Portugal
Wills in Portugal sit inside a codified succession system with mandatory reserved shares, a specific stamp-duty regime and strict formalities for real property. Before anything is drafted or signed, it helps to know which rules apply to you — particularly if you are not Portuguese or your assets are cross-border.
Testamentary freedom, constrained by the legítima
Under Article 2156 of the Civil Code, certain heirs cannot be excluded: the spouse, descendants and ascendants are the herdeiros legitimários. Article 2159 sets the reserved share — two thirds of the estate where a spouse and children compete, and one half for a single child or two thirds for two or more children where there is no surviving spouse. Your lawyer plans the will around that reserved portion.
Stamp duty rather than inheritance tax
Portugal abolished inheritance and gift tax in 2004 and now taxes gratuitous transfers through Stamp Duty under verba 1.2 of the Tabela Geral of the Código do Imposto do Selo, at a single 10% rate. The spouse or de facto partner, descendants and ascendants are exempt; siblings, nephews and third parties pay the 10% rate. Reporting to the tax authority is required even when the heirs are exempt.
Choosing the law that governs the succession
Because Portuguese forced heirship materially limits estate planning, cross-border families often look at which law applies. EU Regulation 650/2012 allows a testator to elect their national law for the succession as a whole, which can change the outcome where assets sit in Portugal and the family is based elsewhere. A lawyer assesses whether that election is available and sensible in your case.
Real property, notarial deeds and the land registry
Rights over immovable property in Portugal are subject to registration in the Registo Predial under the Código do Registo Predial, which gives publicity and, for certain facts, a presumption of accuracy and protection of third parties. Transfers and encumbrances are normally formalised by public deed or authenticated private document, and completed by registration — steps that also matter when Portuguese real estate passes on death.
Only registered lawyers may act for you
Membership of the Ordem dos Advogados is compulsory to practise law in Portugal. Performing the acts reserved to lawyers without Bar registration is ‘procuradoria ilícita’, a criminal offence under Law 49/2004. Representation by a lawyer is mandatory in general in actions and appeals above the first-instance court’s alçada of €5,000, and always before the Courts of Appeal and the Supreme Court.
What it costs, and who may bear the cost
Lawyers’ fees are freely agreed between the lawyer and the client; there are no binding official tariffs, and fees may be set by written agreement or assessed by complexity, time and responsibility. Court fees are expressed in a Unidade de Conta and calculated from the value and complexity of the case. Legal aid under Law 34/2004 is available where economic insufficiency is demonstrated.
Key time limit — Inheritance, Probate & Wills
Inheritance and stamp duty reporting after death — By the end of the 3rd month after death. The reporting duty to the tax authority exists even where the heirs are exempt.
The country information on this page is drawn from official Portuguese sources (Diário da República, Ordem dos Advogados, Portal das Finanças) and from the European e-Justice Portal, as published at the date of publication.
- European e-Justice Portal – National justice systems: Portugal
- Ordem dos Advogados – Estatuto da Ordem dos Advogados (consolidated version, 2024)
- Diário da República – Código Civil (consolidated): succession and legítima
- Diário da República – Código do Imposto do Selo (consolidated)
- Diário da República – Prescrição (limitation periods)
- Diário da República – Regulamento das Custas Processuais (Decree-Law 34/2008)
- Diário da República – Law 34/2004 on access to law and the courts (legal aid)
- Diário da República – Regime da comunhão de adquiridos
- Diário da República – Código de Processo Civil (appeal deadline)
- Portal das Finanças – Reporting obligations after a death
Common problems
What brings clients to a wills lawyer in Portugal
Most enquiries start with the same worry: the plan someone has in mind does not match what Portuguese law allows.
Reserved shares change the plan
You want to leave everything to one person, but the law reserves part of the estate for the spouse, descendants and ascendants. Without advice, a will may not achieve what you intend.
Assets in more than one country
A Portuguese property, a foreign bank account and heirs living in different jurisdictions raise questions about which law applies and where formalities must be completed. Guessing here is expensive.
Uncertainty about who may advise you
In Portugal, the acts reserved to lawyers depend on registration with the Ordem dos Advogados. Unregistered advisers cannot carry them out, and acting without registration is a criminal offence under Law 49/2004.
Why use our matching
Support built around the Portuguese system
We are not a law firm and we do not give legal advice. We listen to your situation and connect you with a lawyer who already works with these rules.
Country-specific knowledge
Every lawyer we match you with is registered with the Ordem dos Advogados and works with the Portuguese Civil Code rather than a generic international template.
Cross-border perspective
If you live outside Portugal or hold assets in several countries, we look for a lawyer used to succession files involving foreign heirs, foreign banks and Portuguese real estate.
Plain answers on reserved shares
Your lawyer explains the legítima and what remains at your free disposal before anything is drafted, so your expectations match what the law permits.
One free matching step
You describe your case once. We review the details and introduce you to a lawyer who handles wills and succession in Portugal, with no obligation to proceed.
Cross-border matters
Families we help across Europe
Succession questions rarely stop at a single border. Many of our members advise clients with ties between Portugal and these countries.
FAQ
Questions about wills and succession in Portugal
Do I need a lawyer to deal with a will in Portugal?
Only lawyers registered with the Ordem dos Advogados may perform the acts reserved to the profession in Portugal, and representation by a lawyer is mandatory in general in proceedings above the first-instance court’s alçada of €5,000. We match you with a registered lawyer who handles wills, succession and estate planning.
Who are the forced heirs (herdeiros legitimários) in Portugal?
Under Article 2156 of the Civil Code the forced heirs are the spouse, descendants and ascendants. Article 2159 sets the reserved share: two thirds of the estate where a spouse and children compete, and one half for one child or two thirds for two or more children without a surviving spouse.
Is there inheritance tax in Portugal?
Inheritance and gift tax was abolished in 2004. Gratuitous transfers are now subject to Stamp Duty at a single 10% rate under verba 1.2 of the Tabela Geral of the Código do Imposto do Selo. The spouse or de facto partner, descendants and ascendants are exempt; other beneficiaries pay the 10% rate.
Can I choose which country’s law applies to my estate?
EU Regulation 650/2012 allows a testator to elect their national law for the succession. This matters in Portugal because forced heirship limits how freely the estate can be distributed. A lawyer assesses whether the election is available in your circumstances and how it interacts with Portuguese assets.
How much do wills lawyers in Portugal charge?
Fees are freely agreed between lawyer and client; there are no binding official tariffs. They may be fixed by written agreement or assessed according to complexity, time and responsibility. Where economic insufficiency is demonstrated, legal aid under Law 34/2004 may cover the appointment and payment of a lawyer.
Do heirs have to report an inheritance to the Portuguese tax authority?
Yes. The reporting obligation after a death must be met by the end of the third month following the death, and it exists even when the heirs are exempt from stamp duty. A lawyer can prepare and file the information and check whether any further steps are needed.
Next step
Tell us about your estate in Portugal
Write a few lines about your assets, your family and where you live. We review your enquiry, then introduce you to a lawyer registered with the Ordem dos Advogados whose practice covers wills and succession in Portugal. The matching service is free and you decide whether to instruct.