Portuguese Will vs Foreign Will for Expats in Portugal: Which Do You Need?

In brief: If you live in Portugal and have assets there, a Portuguese notarial will is almost always the most practical choice for those assets. A foreign will is not necessarily invalid in Portugal, but using one costs more time and money to execute. Many expats benefit from having both — one for each country.

Can a Foreign Will Be Used in Portugal?

Yes, with caveats. A will validly executed under the law of the country where it was made, or the law of the testator's nationality, can be recognised in Portugal under:

• Article 65 of the Portuguese Civil Code (rules on the law applicable to the form of testamentary dispositions)
• The Hague Convention of 5 October 1961 on the Law Applicable to the Form of Testamentary Dispositions, to which Portugal is a party

So a British will validly executed under English law can be legally valid in Portugal. However, legal validity and practical ease of use are very different things.

To probate a foreign will in Portugal, heirs typically need to:

1. Obtain an apostille on the foreign will
2. Commission a certified Portuguese translation by a sworn translator
3. Present the will before a Portuguese notary or court for recognition
4. Navigate any conflicts with Portuguese forced heirship rules (which may override the foreign will's dispositions)

Each step adds time — often months — and cost. In a country where Portuguese bureaucracy is already known for its pace, avoiding unnecessary complications is wise.

What Is a Portuguese Notarial Will (Testamento Público)?

A testamento público (public will) is Portugal's most common and practical form of will. It is:

• Dictated by the testator to a Portuguese notary (notário)
• Signed in the presence of two witnesses (or one in some cases)
• Recorded in the notary's protocol and registered immediately in the Registo Central do Testamento (RCT)

Once registered, it is immediately findable by heirs after death — there is no risk of a will being lost, hidden, or unknown to your family. The RCT can be consulted by notaries and courts across Portugal.

Cost: Typically €150–300 for a straightforward individual will. Modest compared to the cost of probating a foreign will.

The Alternative: Testamento Cerrado (Closed Will)

A testamento cerrado (closed will) offers privacy: you write it yourself, seal it in an envelope, and present it to a notary who authenticates the seal without reading the contents. After death, the sealed envelope is opened by a notary.

This option is rarely used by expats in practice — it offers no practical advantage for most situations and the testamento público is simpler, faster to execute after death, and equally robust legally.

Should You Have Both a Portuguese and a Home-Country Will?

For most expats with assets in both Portugal and another country, the answer is yes — but with coordination.

Two wills can coexist, provided they are drafted to:

• Not revoke each other: each will should contain a clause specifying it applies only to assets in a named jurisdiction (or assets governed by a specific law), and does not revoke any other will made in another jurisdiction
• Be consistent: if you elect Portuguese law to govern your estate (as an EU citizen), your home-country will should not contain provisions that contradict that election
• Agree on the applicable law: under EU Regulation 650/2012, an EU citizen habitually resident in Portugal can elect the law of their nationality. This election affects both wills

A Portuguese notary and your home-country solicitor or notary should review the documents together — or at minimum, you should share each document with both advisers before signing.

EU Regulation 650/2012 and the Law of Your Estate

Under Brussels IV, if you are habitually resident in Portugal at the time of death:

• Default: Portuguese succession law governs your estate
• Election: as an EU citizen, you may elect the law of your nationality in your will

If you are a British national (post-Brexit, not an EU citizen), the choice-of-law mechanism of Brussels IV does not apply in the same way. Portugal's private international law rules apply, and the applicable law depends on factors including domicile and asset location. British expats in Portugal should take specific advice on this.

Forced Heirship Rules in Portugal

Portugal has mandatory forced heirship rules (quota indisponível). Regardless of what your will says, certain heirs — surviving spouse, children, parents — are entitled to a protected portion of the estate:

• Spouse + children: at least two thirds of the estate
• Spouse alone (no children, no parents): at least half
• Children alone: at least half (if only one child) or two thirds (if two or more children)
• Parents alone (no spouse, no children): at least a third

Any will provision that violates these rules is subject to reduction (inoficiosidade). A Portuguese notary drafting your will will flag any issue before you sign.

Practical Steps for Expats in Portugal

1. Make a Portuguese notarial will for Portuguese assets — it's the most efficient option
2. Keep your home-country will updated for assets in your home country, explicitly limited to those assets
3. Register the Portuguese will with the RCT — it is done automatically by the notary at the time of signing
4. Consider a European Succession Certificate if your heirs are in other EU countries — it simplifies the administration of your estate across borders

And beyond the legal documents: use Sucesio to organise your digital assets, account lists, crypto hints, and personal messages — the things no will can transmit on its own.

This article is provided for informational purposes only. For specific advice on Portuguese wills or cross-border succession, consult a qualified Portuguese notary or specialist lawyer.