News Article by Diana Soares Ribeiro - Lawyer, International Atlantic Services

As Portugal attracts people worldwide, many international residents and investors have established roots here, whether through property, financial assets, or other valuable holdings. But have you thought about what will happen to your assets in the future? Creating a public will in Portugal ensures that your wishes are respected, no matter where life has taken you.

Understanding Succession Law in Portugal

On 17 August 2015, European Regulation No. 650/2012 of 4 July, known as European Succession Regulation, entered into force, bringing significant changes to international succession matters. This regulation applies to any international succession within the European Union territory, regardless of whether or not the person is a national of a Member State.

Before 2015, inheritance matters were governed by the deceased's personal law, i.e. the law of his/her nationality. Now, under the European Succession Regulation, succession is, as a rule, governed by the law of the deceased’s habitual residence at the time of death, unless the person chose the law of their nationality to regulate his or her succession.

Determining "habitual residence" (a concept that will only be ascertained at the date of death of the deceased), can sometimes create legal uncertainties for the relatives of the deceased, as authorities that will regulate the succession may apply a law that was not foreseen by them. Therefore, to prevent unexpected issues, it is advisable to execute a public will. This allows you to define not only the applicable law to the succession but also your chosen heirs, ensuring clarity for all involved.

Why Execute a Will in Portugal?

Executing a will offers several benefits:

• Legal Security: By stating which law should apply, you reduce the risk of unexpected interpretations by authorities.
• Clarity for Your Heirs: Designate who will inherit your assets, whether it be a spouse, child, parent, or third party.
• Stability for Non-EU and EU Nationals Alike: The ability to execute a will in Portugal is available to both EU and non-EU citizens.

Essential Requirements for Executing a Will in Portugal

To execute a will in Portugal, a few key requirements must be met:

1. Eligibility: Any person with assets in Portugal can execute a will here.
2. Location: The will must be signed in Portugal; it cannot be executed by proxy.
3. Witnesses: Two witnesses are required, and while they may be foreigners, they must understand Portuguese.
4. Language Requirement: The will is drafted in Portuguese. If you’re not fluent, a translator (who cannot be one of the witnesses) will be necessary to assist.

Dedicated Assistance in Porto and Lisbon

Our experienced legal team has helped numerous clients protect their legacies in Portugal and is ready to assist you with the entire process, with support available in both Porto and Lisbon.

Whether you are based in Portugal or abroad, we ensure a smooth and professional experience so you can secure your legacy with confidence.

If you have questions or would like more information, please don’t hesitate to contact IAS.