International Wills in Portugal: Which Succession Law Can You Choose?

An international will is not only about where the document is signed.

The more important question can be:

Which law will govern the succession when the person dies?

For estates within the EU Succession Regulation, habitual residence and nationality can be central.

Default rule: habitual residence at death

Under Regulation (EU) 650/2012, the default law governing the succession as a whole is generally the law of the State where the deceased had habitual residence at death.

There is an exception where the deceased was manifestly more closely connected with another State.

For most planning, however, habitual residence is the starting point.

Can I choose Portuguese law because I own a house in Portugal?

Not merely because of the house.

Article 22 allows a person to choose the law of a State whose nationality they possess at the time of the choice or at death.

So property location is not itself a general choice-of-law menu.

If you are Portuguese, Portuguese law can be an available nationality choice.

If you are not Portuguese, owning Portuguese real estate does not by itself give you the right to elect Portuguese succession law under Article 22.

Can I choose the law of my nationality?

Yes, within the Regulation's scope.

A person may choose the law of a State whose nationality they possess.

If the person has several nationalities, they may choose the law of any of those States.

The choice should be expressed in a disposition upon death or clearly demonstrated by its terms.

Do not leave the intended choice hidden in an informal email or estate-planning note.

What does the chosen law govern?

The succession law determined under Articles 21 or 22 governs the succession as a whole.

That includes matters such as:

• beneficiaries
• inheritance shares
• surviving spouse or partner succession rights
• capacity to inherit
• acceptance and waiver
• heir powers
• partition-related succession questions
• disposable and reserved shares where the governing law provides them

This is why the choice can materially change the estate plan.

Does the choice also change my matrimonial property regime?

No.

Matrimonial property is a separate conflict-of-laws layer.

A married couple can therefore have:

• Law A governing matrimonial property
• Law B governing succession

Before calculating the estate, first determine what belongs to the deceased under the matrimonial-property regime.

Can a choice of law avoid Portuguese forced heirship?

Potentially, if a valid nationality-law choice leads to a law with different succession restrictions.

But that statement needs careful qualification.

You must confirm:

• the person actually holds the relevant nationality
• the choice is valid
• the chosen law governs the succession under the Regulation
• the will implements the intended result
• no other mandatory issue defeats the plan

What forms of will exist in Portugal?

Portuguese Civil Code Article 2204 identifies two common forms:

Public will

The will is written by the notary in the notarial record.

Closed will

The will is prepared under the statutory closed-will rules and requires notarial approval.

Portugal also recognises additional testamentary structures in the applicable legal framework, but the correct form depends on the client and the cross-border plan.

Do not select a will form before resolving the substantive succession strategy.

Can a foreign will be formally valid?

The EU Succession Regulation contains flexible formal-validity rules for written dispositions upon death.

Article 27 can recognise formal validity through several connections, including:

• place where the will was made
• nationality
• domicile
• habitual residence
• location of immovable property for that property's formal connection

Formal validity and substantive effectiveness are different questions.

A document can be formally valid but still fail to produce the intended economic result under the governing succession law.

Should I make a Portuguese will if I own Portuguese property?

Sometimes it is useful, but there is no universal rule that every foreign owner needs a separate Portuguese will.

Consider:

• residence
• nationality
• existing wills
• governing succession law
• location of assets
• language
• probate/administration logistics
• risk of inconsistent documents

Multiple wills require careful coordination so one does not accidentally revoke another.

What if I already have a will from another country?

Do not automatically replace it.

First review:

• scope
• revocation wording
• governing-law clause
• beneficiaries
• executors
• asset coverage
• relationship with Portuguese assets
• formal validity
• whether another will can coexist

Spouse and children

If the governing succession law is Portuguese law, compulsory-heir rules can limit testamentary freedom.

and:

Spouse and Children From Previous Relationships: Who Inherits in Portugal?

When legal review makes sense

Review the will strategy if:

• you live in Portugal but are not Portuguese
• you have multiple nationalities
• you own property in several countries
• you have wills in more than one country
• you have children from previous relationships
• you want to favour a spouse or partner
• you own company shares
• you expect to change residence
• the existing will has no clear applicable-law strategy

Need a cross-border will and succession-law analysis?

We can map habitual residence, nationality, existing wills, matrimonial property and family structure before the testamentary documents are finalised.