Wills and Forced Heirship in Portugal: What You Need to Know

Estate planning in Portugal follows a civil law tradition that places strong protections around family inheritance rights. In this episode, we explain how forced heirship works, why it matters, and what it means for anyone preparing a will that involves Portuguese assets.

This is a crucial topic for international families, property owners, and advisors navigating cross-border succession planning.

🔎 In This Episode, You’ll Learn:

1️⃣ What Forced Heirship Means in Portugal

Portuguese law protects the mandatory share of certain heirs—known as legitimate heirs. These rights are enshrined in the Civil Code and cannot be freely waived.

2️⃣ Why a Will Has Limits

While wills are recognised and useful, no will can override forced heirship rules. Any testamentary provisions that infringe the mandatory share of legitimate heirs may be reduced or invalidated.

3️⃣ Who the Legitimate Heirs Are

Forced heirship typically protects:

• Spouses

• Descendants

• Ascendants

Their reserved portion must be respected regardless of the testator’s intentions.

4️⃣ Planning Within the Legal Framework

Certain estate planning mechanisms do exist—but they must:

• Fully comply with Portuguese civil law

• Respect forced heirship entitlements

• Be carefully structured and documented

5️⃣ Cross-Border Considerations

In international estates, planning must also take into account:

• Applicable conflict-of-law rules

• Interaction between foreign wills and Portuguese mandatory provisions

• EU succession rules, where relevant

This episode provides essential clarity on the limits of testamentary freedom in Portugal—and why informed, compliant planning is critical to avoiding disputes and unintended outcomes.