Skip to content
Carroll LawLAWYERS SINCE 1888
Countries:

Portugal · Planning ahead · Information, not legal advice — as at 28 June 2026

Do I need a Portuguese will?

Not legally — but if you own property in Portugal it is strongly advisable. A Portuguese will dealing with your Portuguese assets makes the estate quicker and cheaper for your family to settle, avoids translating and re-proving a foreign will before a Portuguese notary, and is the natural place to record your Brussels IV election of English (or your own national) law. Your Portuguese will and your home-country will must be drafted to sit alongside each other and not accidentally revoke one another.

Is a Portuguese will legally required?

No. A valid foreign will is recognised in Portugal — but to be acted on it must be proved, translated and explained to the Portuguese notary through a certificate of the law it was made under, which takes time and money your family would rather save.

Why make a Portuguese will if I already have an English one?

Because it is handled directly here, in Portuguese, with no foreign will to translate and prove — usually faster and cheaper for the heirs, and far less to organise at a hard moment. (If your will chooses English law, the notary will still want a short statement of what English law says; we prepare it.)

Can a Portuguese will include the Brussels IV election?

Yes, and it is the ideal place for it. Recording your choice of national law (English or Irish, for example) under Brussels IV in the will that governs your Portuguese estate puts it beyond doubt. See Can I choose English law? (Brussels IV).

Will my Portuguese will cancel my English will?

Only if it is badly drafted. A well-made Portuguese will is limited to your Portuguese assets and states that it does not revoke your home-country will — and vice versa. We make sure the two wills work together rather than against each other.

What kind of Portuguese will should I make?

Usually a public will (testamento público) made before a notary and recorded in the central register. We draft it and coordinate the signing, in plain English.

How Carroll Law can help

We handle the Portuguese side of an estate end-to-end, in plain English, for a fixed fee agreed before we start — and where your loved one lived abroad, we work alongside your home-country solicitor: their grant deals with the estate at home, while the Portuguese assets pass through Portugal’s own process — a home grant has no direct effect here, and there is no resealing. Transferring a Portuguese property after a death is a fixed €4,000 + VAT.

See all our fixed prices · More guides

Read next

Cross-border succession · Planning ahead

Should I have a separate will for each country?

Owning property in two countries usually means the answer is yes: a will in each country, each dealing only with the assets there, is how well-planned cross-border estates are built. But two wills only work when they are drafted to know about each other — and the classic accident, a new will quietly revoking the foreign one, is entirely avoidable.

Read the guide →

Cross-border succession · Brussels IV

Can I choose English law for my Portuguese or Spanish estate? (Brussels IV)

Under the EU Succession Regulation (Brussels IV) a British or Irish national can elect the law of their nationality in their will instead of the forced-heirship rules of Portugal, Spain, Italy or France — English law gives full freedom; Irish law protects a spouse’s share. It decides who inherits — not the tax.

Read the guide →

Portugal · Cross-border succession

Who inherits under Portuguese law?

Portuguese forced heirship (the legítima) reserves a fixed share of the estate for the closest family — the children and the surviving spouse — regardless of what a will says. Foreign nationals can usually choose their own national law instead under Brussels IV.

Read the guide →

Portugal · Cross-border succession

Does a UK will work in Portugal?

A valid UK will is recognised in Portugal, but it must be explained to the notary through a certificate of law — and Brussels IV decides which law governs.

Read the guide →

This article is general information, not legal or tax advice, and does not create a lawyer–client relationship. For advice on your situation, instruct a lawyer admitted in the relevant jurisdiction. Reviewed by Colin Carroll.

Wherever you are

Tell us what’s happened — and we’ll tell you exactly what it takes, and exactly what it costs.

No obligation, and nothing to pay to find out where you stand. A lawyer reads every enquiry personally and replies, usually within one working day. And don’t worry if you don’t have all the paperwork or details yet — most people don’t at this stage. Tell us what you know, and we’ll help you find the rest.

▶ Tell us what’s happened◻ WhatsApp☎ Leave a message