Wills and inheritance lawyer in the Algarve
Protect your family's future with proper succession planning under Portuguese and cross-border law.
Get in touchA wills and inheritance lawyer in the Algarve handles Portuguese wills, cross-border succession planning, and the forced heirship rules that apply to property and assets held in Portugal. Portuguese law reserves 50 to 66 percent of an estate for the spouse and children (the legitima), which can override your wishes unless you explicitly elect your own national law under Brussels IV (EU Regulation 650/2012). Without proper planning, your family could face legal disputes, frozen assets, or outcomes that contradict what you intended.
A lawyer specialising in wills and inheritance can help you draft a Portuguese will that works alongside your existing one, advise on how cross-border succession rules interact, and structure things so your estate passes the way you want it to. They also assist families dealing with habilitação de herdeiros, the formal process of establishing who inherits, and with transferring property and bank accounts after a death.
This is one area where acting early makes all the difference. Find a wills and inheritance lawyer in the Algarve who understands both Portuguese law and the cross-border complexities that come with living abroad.
Wills and inheritance
What is forced heirship in Portugal?
Portuguese law reserves a fixed share of your estate for your spouse and children, regardless of what your will says. This is called the legitima, and it can range from 50 to 66 percent of your assets depending on family composition. If you own property in Portugal and do not plan for this, your intended beneficiaries may receive less than you expect. Non-Portuguese nationals can avoid forced heirship by explicitly electing their own national law in their will under EU Regulation 650/2012 (Brussels IV).
Do I need a Portuguese will if I own property in Portugal?
It is strongly recommended. Without a Portuguese will, your heirs will need to go through a more complex and expensive process to inherit your Portuguese assets, potentially involving courts in both Portugal and your home country. A Portuguese will covers only your assets in Portugal and works alongside your home-country will. It speeds up the inheritance process and ensures the transfer follows the law you intended to apply.
What is Brussels IV and how does it affect my inheritance?
Brussels IV (EU Regulation 650/2012) allows EU and UK nationals to choose their own national law to govern their entire estate, including property in Portugal. Without this election, Portuguese forced heirship rules apply automatically to any assets located in Portugal. The election must be made explicitly in your will. It does not happen by default. A lawyer who handles cross-border succession can draft the appropriate clause and ensure it is legally valid in both jurisdictions.
Talk to an inheritance lawyer
Portuguese succession rules affect every foreign property owner. Tell us your situation and we'll connect you with a lawyer who specialises in cross-border wills and inheritance.
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