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Making a Will in Portugal

Making a Will in Portugal When you have bought your Portuguese property, you will need to make sure that you also have a Portuguese Will.

Speak to a Portuguese lawyer who will be able to talk you through the process and help you to arrange one.

How do I write a will in Portugal?

Making a Portuguese Will is essential for your peace of mind when you move to Portugal or buy a property in Portugal. It's most likely that your lawyer will recommend that you a Will in Portugal for your assets in Portugal, as well as a separate Will for your assets in your home country. Care will need to be taken to ensure that the two Wills sit alongside each other, and do not cancel each other out, so it's important that a lawyer helps you with this.

Portuguese law defines who you're allowed to leave your assets to, but as a foreigner this doesn't need to apply to you. So, to make sure that you're able to leave your assets to whoever you would like, your lawyer will make sure that your Will states that the personal law of your country allows for free disposition of property left by testament.

Inheritance Tax (IT) in Portugal is very favourable. Not only does it only apply to Portuguese assets, it’s also only 10% - and your estate will be exempt from the tax if you are leaving it to a spouse or your children.

We recommend that you enlist a qualified Portuguese-speaking lawyer to guide you through the process of making your Will.

How much does it cost to make a will in Portugal?

Lawyer’s fees vary hugely in Portugal, as is the case in other places. Fees quoted on the internet vary between €100 and €1200 but a fee of around €250,000 is not uncommon.

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FAQs: Making a Will in Portugal

Do I need a will if I own property in Portugal?

Yes, if you own property for sale in Portugal, it’s important to have a Portuguese will. This ensures your assets are distributed according to your wishes and can simplify inheritance procedures for your heirs.

How do I make a legal will in Portugal?

You can make a legal will in Portugal by writing it in Portuguese, signing it in the presence of a notary or lawyer, or using a private will format. Consulting a lawyer familiar with Portuguese law is recommended, especially for property transactions.

How much does it cost to make a will in Portugal?

Costs vary depending on the lawyer and complexity of your estate. A simple will typically costs from around €250, while more complex estates involving multiple properties, including property for sale in Portugal, may cost more.

Can foreigners make a will in Portugal?

Yes, foreigners can make a will in Portugal. It’s advisable to have a Portuguese will alongside a will in your home country to ensure your property for sale in Portugal is properly managed under Portuguese law.

What happens when someone dies in Portugal?

When someone dies in Portugal, heirs must register the death, prepare a Portuguese inheritance declaration, pay any applicable taxes, and update property records. Having a will simplifies the process for assets like property for sale in Portugal.

Making a Will in Portugal Download our guide