Updated: September 22, 2026

 

If you own assets in Portugal, such as property, investments, shares, or a business, a testament or will can help make the inheritance process easier for your beneficiaries.

As an expat living in Portugal, it may be beneficial to have two wills: One that covers Portuguese assets and another that covers assets in your home country. Just make sure a solicitor or a lawyer check both documents so they don’t revoke each other.

If you want to avoid Portuguese forced heirship you need to state this in your testament. In this article, we will talk about Portuguese wills, their benefits, how to check whether someone left a testament, and more.

Testaments in Portugal: Key Takeaways

  • Portuguese testamento is a legally-binding document through which a person decides how all or part of their assets are distributed after their death.
  • Two or more people cannot make a joint Portuguese will in the same act.
  • A will can name heirs (herdeiros) who inherit the whole estate or a share of it or legatees (legatários) who receive specific assets or values.
  • You can request whether a deceased person left a will online or in person for a fee of €25 as of 2026.
  • If there is no will, Portuguese succession law determines who inherits the assets.

What is a testament in Portugal?

Under Portuguese law, the two common forms of will are the public will (testamento público) and the closed will (testamento cerrado). These two forms of testament are outlined in the Portuguese Civil Code, which is published in the official gazette Diário da República (DR).

GC-ICON-105 Public will (testamento público)

A public will is written by a Notary in the Notary’s book of records. After death the content can be made available via adequate Portuguese procedures.

GC-ICON-105 Closed will (testamento cerrado)

A closed will is signed and written by a testator or prepared by someone else at the testator’s request in cases according to Portuguese law. It must then be approved by a Notary.

Since a closed will could be entrusted to another person, kept by the testator, or deposited with a Notary, it is very important to keep the original document safe and ensure the relevant people know where it can be found.

Why Do You Need a Testament if You Own Assets in Portugal

If you own a property, savings or other assets in Portugal, a will can form part of your estate planning and address those assets. Cross-border succession rules can affect which country’s law applies to an estate.

Here are the main benefits of getting a will in Portugal.

GC-ICON-61 Choosing a succession law

In many parts of the United States and the United Kingdom, a properly designed will can leave all your assets to the beneficiaries you choose, within reason according to the local laws.

However, Portugal’s succession law is governed by their Civil Code, which creates completely different rules. There are forced heirship rules that require a specified minimum portion of your assets to be passed down to your close relatives, such as a spouse or children.

Under EU Succession Regulation 650/2012, also called “Brussels IV”, which went into force in August 2015, Portuguese succession law automatically applies to your estate if you use Portugal as a country of habitual residence.

If you want someone else to inherit the property or your assets after death, you can choose the law of a country of which you are a national to govern your succession. That means adding a specific “Choice of Law” clause in your will.

Keep in mind that whichever law you select, whether that of your nationality or in Portugal, it must apply to all your assets. This statement in your will affects only how your estate is distributed – it doesn’t change your liability to Portugal’s Stamp Duty.

Under Brussels IV, if you make a Portuguese will that distributes your estate without adding an explicit “Choice of Law” clause, Portugal’s inheritance laws (including the forced heirship rules) can apply to all your assets.

That’s why we suggest you consult with a solicitor or a lawyer before you make a statement or write your will. If you are planning to move to Portugal and invest in the Golden Visa or any other assets, you can consult with migration specialists and legal experts at Global Citizen Solutions to streamline the entire immigration process.

GC-ICON-09 Appointing executors

An executor is an important part of the inheritance process, as they have a fiduciary duty in accordance with the will and applicable law. They can help with disputes, litigation, and mediation, especially when dealing with estate assets and beneficiaries.

Wondering what are the pitfalls of buying a property in Portugal? Check our article on the pros and cons of buying property in Portugal.

GC-ICON-06Appointing guardians

If you have minor children, and you want to make a will, adding a testamentary appointment of guardians can safeguard your assets. In Portugal, parents can appoint a guardian (tutor) for children under 18 in their will, in the event that they pass away or become incapacitated.

GC-ICON-46 Letters of Wishes

Sometimes, small things can cause great disputes between family members, especially when it comes to sharing expensive paintings, jewelry, silver, or gold. You can reduce the risk of disputes by stating who would receive these gifts in a Letter of Wishes in your will.

A will is a legally binding document that dictates how your estate is distributed. A Letter of Wishes is an informal, non-binding document that many expats living in Portugal use as a practical tool alongside their wills.

Since a Letter of Wishes is not legally binding under Portuguese law, to allocate high-value items and ensure those specific gifts are legally enforceable, they should be formally listed as specific bequests (legados) directly in your Portuguese will.

Want to boost your asset portfolio? Here is what the right Portugal real estate investment can offer

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How to Find Out if Someone Left a Will

You can find out whether someone made a will while they were alive only with their authorization. After a person dies, information about their will becomes publicly available and can be requested by anyone.

In Portugal, you can check if a deceased person left a will by requesting a specific certificate, also known as a “certificate on the existence of a will, deed of renunciation or repudiation of inheritance or legacy.” In Portuguese, it is called “certidão sobre a existência de testamento, escritura de renúncia ou repúdio de herança ou legado”

You can request this certificate online via the Instituto dos Registos e do Notariado (IRN), or in person at the Conservatória dos Registos Centrais in Lisbon, for both of which the fee is €25 as of 2026.

Goldcrest: How We Can Help You 

Goldcrest is the first buyer’s agent in Portugal. We provide expert, impartial advice on real estate investments and how to buy property in Portugal. From scouting out the perfect property through to property acquisition, we have you covered throughout the process. 

Unlike traditional real estate agents in Portugal who represent the seller, we are dedicated exclusively to protecting the buyer’s interests. 

If you are looking to purchase property in Portugal, don’t hesitate to get in touch. Our team of skilled experts is available to solve all your real estate doubts, helping you with the property search and offering insightful expertise and strategic advice. 

Why choose Goldcrest?

  • Local knowledge: With offices located across Portugal, our presence nationwide allows us to assist you personally across the country.
  • Independent service: As an independent buying agent, we do not represent any development or project. Our service is entirely tailored toward each individual client, providing you with everything you need to secure the perfect property at the best possible price.
  • Streamlined process: Our real estate agents speak English and Portuguese, and our service is completely focused on providing you with a hassle-free buying experience, saving you time. We can also help you buy property remotely.
  • Experienced team: Our expert real estate team has a vast local knowledge of the Portuguese property market. We have cutting-edge technology and metasearch tools at your disposal to provide full market coverage, ensuring the best investment choices and negotiated prices.
  • Network of partners: We have a close network of partners, including lawyers, property management services, builders, architects, designers, and landscape gardeners, again saving you time and hassle by providing you with trusted experts in their field of work.

Frequently Asked Questions about Testaments in Portugal

It is not legally mandatory to have a Portuguese testament if you own property or have Portuguese assets. However, this document can be highly beneficial for international estate planning and choosing preferred succession laws.

In Portugal, assets that can be inherited are:

  • real estate (such as land, houses, graves, and burial plots)
  • pensions, mortgages, debts, rents, and taxes
  • movable property (such as boats, cars, gold, paintings, and cars)
  • other assets (such as money, securities, copyrights, establishments, bank account, business shares, and debt certificates)

If there is no will or testament, the heirs of your Portuguese assets are the spouse, descendants, and the State, in the following order:

  • The spouse, children, or grandchildren
  • The spouse, parents, or grandparents
  • The siblings and their descendants (such as the nieces and nephews of the diseased person)
  • Other relatives to the fourth degree (such as first cousin, great uncle, or great nephew of the deceased person)
  • The State

If you hold a closed will, Portuguese law states that you must present the document to a Notary within three days after learning that the testator has passed away. Failure to do so can result in liability for any damage caused and other legal consequences under Portuguese succession law.

Under standard Portuguese law – no. A couple can coordinate their estate planning, but they cannot combine their testamentary wishes into one joint Portuguese will. Each person must make their own will.

No. A will is not the same as present property ownership in Portugal. A will deals with the disposition of a property after the testator’s death, not while the testator is still alive.

If you are a US citizen living in Portugal and own property there, a Choice of Law clause in your will can help determine which country’s succession law applies to your assets, including your Portugal real estate.

The succession law can affect important matters such as:

  • Who can inherit and their respective shares
  • Your freedom to distribute your assets
  • Reserved shares and protected heirs
  • How your estate is distributed
  • The rights and powers of heirs and executors

Portuguese succession law recognizes the role of testamenteiro, which is broadly equivalent to an executor. The testator can appoint a testamenteiro to oversee compliance with the will or to carry out all or part of its provisions.

However, the exact powers of a testamenteiro depend on the powers granted in the will and the limits imposed by Portuguese law. The role should therefore not be assumed to be identical to that of an executor in another legal system.

A dispute about a Portuguese will can occur for different reasons, such as the formal validity, revocation, authenticity, protected heirs, fraud, interpretation, among many other matters. It is best to consult with experienced lawyers in the field for any scenario.