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In Coimbra, as well as the rest of Portugal, Will & Testament Law is a part of the wider Civil Law. It covers rules and regulations related to one's property after their death. Portuguese law recognizes different forms of wills including public wills, closed wills, and international wills. It's crucial to note that Portugal's Succession Law may contradict with the laws of your home country, hence professional legal advice is necessary.
While drafting a will, a lawyer can help avoid complex legal jargon, unrealistic terms, and errors that can make the will ineffective. Furthermore, having a lawyer assures compliance with Portugal’s succession law, considering its impact on the whole estate. Additionally, if you are an expatriate or a foreigner with assets in Portugal, a lawyer is vital to reconcile the discrepancies between Portuguese law and your home country's laws.
According to Portuguese law, a portion of your assets, known as the 'reserved portion', automatically goes to your spouse and direct descendants, restricting complete freedom to distribute assets. Portugal applies forced heirship rules which mean a portion of your estate must go to certain family members. Moreover, Portuguese Law does not discriminate the succession rights based on the descendants’ age or origin of the relationship (biological or adopted children). Apart from wills, lifetime gifts or donation are other legal tools to manage your estate.
If a person dies without a will, Portugal’s intestate succession law comes into play and your estate will be divided among heirs according to the law.
Portugal's law maintains a mandatory reserved portion for direct heirs (children), you cannot fully disinherit them.
Yes, you may write your will in English. However, it is highly recommended to have a certified Portuguese translation to avoid any misunderstandings.
Current Portuguese legislation does not recognize digital wills. You need a traditional written will, certified by a lawyer or notary.
Portugal accepts the legitimacy of foreign wills but the Portuguese court may be involved to assure the compliance with forced heirship rules.
You may find further information on the website of Portuguese Ministry of Justice, the Instituto dos Registos e Notariado, and your local Notary Office. The website of The Portuguese Bar Association also provides a list of relevant legal professionals.
If you need legal assistance in Will & Testament, start by contacting a local lawyer specializing in this field. Make sure to gather all necessary documents related to your property. If you live outside Portugal but have property here, keep in touch with your lawyer to ensure you are aware of any changes to Portuguese Succession Law.
