How to Make a Will in Portugal as an Expat: Step-by-Step Guide (2026)
Making a Will in Portugal at a Glance — September 2026
- Four legal will types in Portugal: testamento público (notarial), testamento cerrado (sealed), testamento particular (handwritten with witnesses), testamento internacional (1973 Washington Convention)
- Notary cost for a standard public will in 2026: €150–€350 depending on complexity and region
- Registration: all Portuguese public wills are automatically entered into the national Central de Testamentos registry within 5 working days
- EU Regulation 650/2012: expats can elect the law of their nationality to govern their succession — overriding Portuguese forced heirship rules
- Mandatory witness count: two for public wills, three if the notary is unavailable, two for handwritten wills
- Forced heirship (legítima): children are entitled to 50% of the estate if one child, two-thirds if two or more — this cannot be overridden by a Portuguese-law will
- Foreign will recognition in Portugal: must be apostilled (if from a non-Hague-Convention country) or carry the Hague Apostille, then officially translated into Portuguese
- Time to draft and register a standard public will: one appointment of 45–90 minutes
Introduction
Almost every expat in Portugal has heard about the inheritance-tax advantage — Portugal abolished imposto do selo between spouses, descendants, and ascendants in 2004, making it one of the most succession-friendly jurisdictions in Europe. What most expats have not heard about, or have misunderstood, is the practical process of actually making a will in Portugal while keeping it legally bulletproof, properly registered, and recognised the moment they need it.
This is the gap article for our inheritance law explainer. That guide walks you through the legal theory — forced heirship, legítima, the EU Succession Regulation, the inventário process. This guide walks you through the practical mechanics: how to book a notary, what to bring to the appointment, which of the four Portuguese will types you should pick, what it costs in 2026, how to elect your home country's law to bypass Portuguese forced heirship, and the five mistakes that quietly invalidate expat wills in Portugal — usually only discovered by the heirs, years too late.
If you own property in Portugal, hold Portuguese investments, run a Portuguese company, or simply want to control who inherits what, you need a Portuguese will. This guide explains exactly how to make one.
Do You Actually Need a Portuguese Will?
Before walking through the mechanics, it helps to answer the threshold question: does a foreign will — for example, an English will, an American will, a Canadian will — actually work in Portugal without a Portuguese counterpart? The answer is split.
Foreign wills are recognised in Portugal, with friction. If you are a US citizen with a properly executed will made in California, that legal will is recognised in Portugal for any Portuguese assets you own — but only after a Portuguese court or notary confirms the document's authenticity, which adds months and legal cost. The Portuguese heirs typically have to engage a Portuguese lawyer, obtain a sworn Portuguese translation of the foreign will, and either (a) have the will re-registered through the Central de Testamentos or (b) initiate an inventário process that proves the foreign will's validity.
A Portuguese will is faster, cheaper, and immune to most of the friction. The standard public will (testamento público) is registered automatically in the Central de Testamentos within five working days. Heirs can locate it within hours using the death certificate. There is no need to apostille, translate, or re-prove anything. For any expat with even one asset in Portugal — a bank account, a car, a property — a Portuguese will is almost always worth the €150–€350 it costs.
Three situations where you definitely need a Portuguese will:
- You own Portuguese property. Real estate is the trigger in 90% of cases. Portuguese property transfers through the inventário process whether you have a foreign will or not, but a Portuguese will avoids the apostille-and-translate cycle and the legal contest period.
- You are a Portuguese tax resident with significant Portuguese assets. Tax residency triggers the application of EU Regulation 650/2012 in most situations, and a Portuguese will makes the choice of law far easier to administer.
- You hold shares in a Portuguese company, a Portuguese bank account over €50,000, or a Portuguese life insurance policy. Even modest Portuguese assets trigger enough paperwork at death that the heirs will benefit from a clean Portuguese will.
Three situations where a foreign will alone may suffice:
- You are a tourist or short-stay visitor. No Portuguese assets, no tax residency, no company, no Portuguese bank account. Your home country's will governs your entire estate.
- You have only a Portuguese bank account and have formally opted to keep it under your home country's tax regime via the EU Regulation's choice-of-law clause.
- You are married under a community-of-property regime and your spouse has a will that already covers the Portuguese assets.
The default position for almost every expat who is settling in Portugal long-term is: make a Portuguese will, register it, and keep your foreign will updated in parallel if your home country's succession law is more permissive than the Portuguese legítima.
The Four Types of Portuguese Wills — Which One Should You Pick?
Portuguese law recognises four distinct will formats. Three are domestic (Código Civil arts. 2149–2180), one is international (the 1973 Washington Convention, ratified by Portugal in 1975).
1. Testamento Público (Public Will) — The Default Choice
The testamento público is the most common will in Portugal and the one a notary will almost always recommend. It is created in front of a Portuguese notary (notário), with two witnesses present. The notary writes the will based on the testator's instructions, reads it aloud, the testator confirms it is correct, and the notary, witnesses, and testator all sign.
Advantages: Most secure format, automatic Central de Testamentos registration within 5 working days, virtually no contest risk if properly drafted, the notary is professionally liable for the document's accuracy.
Disadvantages: Costs more than the other formats (€150–€350 in 2026), requires booking a notary appointment, contents are not confidential from the notary (though the will is sealed until death).
When to choose: Almost always, unless you have a specific reason to prefer one of the other formats.
2. Testamento Cerrado (Sealed Will)
The testamento cerrado is a written will that you sign and seal, then deliver to a notary who witnesses the sealing without reading the contents. The notary puts the document in an envelope, marks it with the testator's identification, and stores it. It is opened only after death, in the presence of a judge.
Advantages: Contents are confidential from the notary and the public registry, useful for people who want privacy about their estate planning.
Disadvantages: More expensive than a public will (€250–€500), the contents cannot be reviewed by the notary for legal errors, requires a court order to open after death, slightly higher contest risk if a beneficiary disputes the handwriting or signature.
When to choose: High-net-worth expats with private estate plans, blended families with contested-heirship potential, or anyone who wants the dramatic flair of a sealed letter opened in court.
3. Testamento Particular (Handwritten Will)
The testamento particular is the simplest format: you write the will in your own hand, sign it, date it, and have two witnesses who can attest to your signature and capacity. No notary is involved. The will are stored by the testator (or with the witnesses).
Advantages: Free, no appointment needed, no records held by the state until the will is presented for probate.
Disadvantages: Highest contest risk of the three formats, no automatic registration in the Central de Testamentos, the witnesses must be available to confirm the signature if challenged, requires more effort from the heirs after death.
When to choose: Rarely. The format exists for people who cannot reach a notary (e.g., during a serious illness or in remote locations). For any expat with reasonable access to a notary, the testamento público is strictly better.
4. Testamento Internacional (International Will)
The testamento internacional is created under the 1973 Washington Convention, which Portugal ratified in 1975. The will is drafted in front of a notary and two witnesses, with the notary attaching a certificate that meets the Convention's standard form. The format was designed for people who move between jurisdictions and want a will that is automatically recognised across all ratifying countries.
Advantages: Automatic recognition in 28+ contracting states (including Portugal, France, Spain, the UK, the US, Germany, Italy, and others), useful if you split your life across multiple countries.
Disadvantages: Less commonly used than the testamento público, slightly more expensive due to the Convention certificate, few Portuguese notaries routinely draft them, and the public will does the same job within Portugal.
When to choose: Expats who have significant assets in two or more Washington Convention countries and want a single document that travels cleanly across all of them. For most expats in Portugal, the testamento público is sufficient.
The recommendation: For 95% of expats reading this guide, the testamento público is the right choice. It is the cheapest per-notarised-hour, the most legally bulletproof, the most contest-resistant, and the easiest for heirs to administer. Choose the others only if you have a specific reason.
How to Book a Portuguese Notary Appointment
A Portuguese notary (notário) is the lawyer-equivalent legal professional who drafts and registers the will. They are licensed by the Ministry of Justice and operate from cartórios notariais across the country. You can find one in any municipal capital; smaller towns have weekly visiting-notary schedules.
Step-by-step booking process:
- Choose a notary. The Portuguese Bar Association maintains a public registry at portal.justiça.pt. Most English-speaking expats use a notary in Lisbon, Porto, Faro, or Coimbra. International notaries — those who routinely handle expat estates — charge a 10–20% premium but draft in English.
- Book the appointment. Walk-in appointments are rare. Book 2–4 weeks ahead. Bring (or email ahead) your passport and NIF so the notary can pre-populate the file.
- Bring two witnesses. Witnesses must be adults, mentally competent, fluent in the language the will is drafted in, and not beneficiaries of the will. Spouses of beneficiaries also cannot act as witnesses. Two unrelated friends will do; expats often bring another expat couple they trust.
- Bring your asset list. A simple written list of your Portuguese assets (property, bank accounts, vehicles, company shares) and how you want them distributed. The notary will use this to draft the will, but the final language will be theirs.
- Allow 45–90 minutes. The appointment includes identity verification, will drafting, reading, confirmation, and signature. The notary keeps the original; you receive a copy stamped and sealed.
Typical 2026 costs:
- Notary fee: €150–€350 for a simple will, €350–€600 for a complex estate
- Witness fees: €0 (witnesses are not paid in Portuguese practice)
- Apostille or sworn translation (if electing foreign law): €30–€100
- Lawyer drafting review (optional): €200–€500 for a complex will
- Total realistic cost for a standard expat will: €150–€350
The notary will register the will in the Central de Testamentos within 5 working days of the appointment. You will receive a confirmation receipt with a registration number. Keep this with your estate documents — the heirs will need it.
What to Include in the Will
A standard Portuguese public will has six sections. The notary will guide you through each, but it helps to come prepared.
1. Identification of the testator (the person making the will): Full legal name, date of birth, nationality, passport number, NIF, marital status, and address at the time of the will.
2. Revocation of prior wills: A clause stating "I reviver any prior will or testamentary disposition made by me" is standard. This prevents old wills from being combined with the new one in confusing ways. If you have a foreign will you want to keep (for non-Portuguese assets), you can specify that the revocation applies only to Portuguese wills.
3. Inventory of Portuguese assets: Property (with article matricial number and Conservatória registration), bank accounts (with bank name and IBAN), vehicles (with matrícula and chassis number), company shares (with company name and NIPC), and other significant assets. The list does not have to be exhaustive — Portuguese law accepts that the testator may not remember every asset — but the listed items are what the will explicitly governs.
4. Disposition of assets (the actual bequests): For each asset or category of asset, the testator names the beneficiary, their identification, and their share. "I leave my property at Rua X, article matricial 1234, to my daughter Y, NIF Z, in full ownership." Portuguese forced heirship rules apply unless you elect foreign law (see below) — children, spouse, and parents have legítima claims that cannot be excluded entirely.
5. Appointment of executor (testamenteiro): The testator can appoint a person to administer the estate after death. This is optional but very useful for expats with Portuguese assets and heirs living abroad. The executor handles the inventário process, the property transfers, the bank account closures, and the tax clearances. Most expats appoint a Portuguese lawyer or a trusted family member resident in Portugal.
6. Choice of law (if electing EU Regulation 650/2012): If you want to apply your home country's succession law rather than Portuguese forced heirship rules, the will must include a clause to that effect. The standard wording is something like: "I declare that, in accordance with Article 22 of EU Regulation 650/2012, the law of [my country of nationality] shall govern my entire succession, including the disposition of all my assets wherever located."
Common mistakes in the bequests section:
- Naming a beneficiary who has died before you without specifying a substitute (the bequest lapses).
- Naming a beneficiary by their first name only when multiple people in the family share that name (contest risk).
- Stating "my Portuguese property" without specifying which property if you own multiple.
- Forgetting to specify shares (50/50, 30/70, etc.) if you have multiple beneficiaries.
- Naming the spouse of a beneficiary (the bequest may be invalid under forced heirship rules).
The notary will catch most of these in the drafting stage, but it helps to come prepared with a clean written wish list.
EU Regulation 650/2012: How to Bypass Portuguese Forced Heirship
This is the section most expats care about. Portuguese forced heirship (legítima) protects children (50% of the estate if one child, two-thirds if two or more), the spouse (one-third to one-half), and parents (one-third to one-half) — and these shares cannot be excluded by a Portuguese-law will. If you want to leave your estate to a non-family beneficiary, or to allocate shares differently, the standard answer is to elect your home country's law under EU Regulation 650/2012.
Who Can Elect Foreign Law
The regulation applies to all EU citizens, including those who are now habitually resident in Portugal. The right is non-discriminatory: a British, French, German, Dutch, Italian, or Spanish citizen living in Portugal can elect the law of their nationality to govern their succession. (Note: post-Brexit, UK law is technically no longer EU Regulation 650/2012, but the UK has a separate bilateral recognition arrangement with Portugal via the Hague Convention of 1996 — UK wills made before 31 December 2020 are still recognised under the old regime, and UK-made wills post-Brexit continue to be recognised under Portuguese conflict-of-laws rules.)
You cannot elect foreign law if:
- You are a Portuguese national (Portuguese law always applies).
- You have formally renounced your original nationality before death.
- You have not specified the election in your will.
How to Elect Foreign Law
The election must be explicit in the will. A single sentence is sufficient, but it must be unambiguous. The standard formats are:
- "I hereby declare that, pursuant to Article 22 of Regulation (EU) No 650/2012, the law of [my country of nationality] shall govern my succession."
- "I elect the law of France (my nationality) to govern the disposition of my estate under EU Regulation 650/2012."
The notary will draft this in Portuguese, then have it officially translated into the destination country's language and apostilled (or notarised if from a non-Hague-Convention country). The cost is €100–€250 per language.
What Foreign Law Election Actually Does
It changes two things:
- Forced heirship rules change. English law, American (state-specific) law, and many others either have no forced heirship or have much smaller reserved portions. A US citizen in Florida can leave the entire estate to a spouse; a UK citizen can leave it to a non-family beneficiary.
- Probate procedure changes. Instead of the Portuguese inventário (extrajudicial or judicial), the estate is administered under the home country's rules — typically via a grant of probate in the home country, then recognition in Portugal for Portuguese assets.
What foreign law election does NOT do:
- It does not avoid the informação simplificada process at the Portuguese Conservatória for property transfers (you still need to update the property registry).
- It does not avoid Portuguese tax if the assets are Portuguese — but Portuguese inheritance tax is zero for spouses, descendants, and ascendants, so this is rarely a concern.
- It does not exempt you from Portuguese stamp duty on bequests to non-relatives (the 10% Imposto do Selo on bequests to non-relatives still applies, with the same exemptions for the primary residence).
The Trap to Watch
If you elect foreign law but your will is silent on a particular asset, Portuguese conflict-of-laws rules default back to Portuguese law for that asset. The result is a mixed succession — part foreign-law, part Portuguese-law — which is exactly the mess you are trying to avoid. Always elect foreign law globally, or not at all.
Apostille and Recognition of Foreign Wills in Portugal
If you already have a foreign will and want it recognised for Portuguese assets without making a Portuguese counterpart, you need to go through the apostille-and-translate process. This is also the process for any Spanish, French, German, or other EU-state will that covers Portuguese assets.
Step 1: Obtain the apostille. For wills from the US, UK, Canada, Australia, and other Hague-Convention countries, the document needs a Hague Apostille stamp. Each state or federal authority issues apostilles — in the US, the Secretary of State of the issuing state; in the UK, the Foreign, Commonwealth & Development Office. The cost is $5–$50 per document, the turnaround is 5–15 working days.
Step 2: Obtain a sworn Portuguese translation. A sworn translator (tradutor juramentado) registered with the Portuguese Ministry of Justice translates the will into Portuguese. The translation is stamped, signed, and certified. Cost: €30–€80 per page.
Step 3: Register the will in the Central de Testamentos. The Portuguese Central de Testamentos maintains a registry of all wills — Portuguese and foreign — that may govern Portuguese estates. You (or your lawyer) can register the foreign will through any Conservatória do Registo Civil. The cost is €50–€150.
Step 4: Probate in Portugal. For Portuguese property or assets, the heirs still need to go through the Portuguese inventário process (extrajudicial or judicial, depending on whether all heirs agree). The foreign will is the operative document, but the Portuguese legal procedure still applies.
Total time: 6–12 weeks for the apostille, translation, and registration. Total cost: €300–€800 depending on the document size.
Updating, Revoking, and Cancelling a Portuguese Will
Wills should be reviewed every 3–5 years or after any major life event — marriage, divorce, birth of a child, acquisition of new property, change of tax regime, death of a beneficiary.
Three ways to update a Portuguese will:
- Make a new will. A new public will with explicit revocation language automatically cancels any prior will. This is the standard approach and is the most legally clean.
- Make a codicil (codicilo). A codicil is a small, separate document that amends a specific clause of an existing will without rewriting the whole will. Codicils are less common in Portugal than in common-law jurisdictions, but they are recognised.
- Revoke the will without replacement. If you want to revert to intestate succession (no will, the law decides), you can file a revocation notice at any Conservatória do Registo Civil. This costs €20–€50 and is rare.
What happens if you marry after making a will? Marriage automatically revokes any prior Portuguese will unless the will contains a clause stating that it should survive marriage. If you marry after making a will, the will is treated as revoked — make a new one within 60 days to avoid intestacy for the new family situation.
What happens if you divorce? Divorce does not automatically revoke the will. Any bequest to the divorced spouse remains valid. Most lawyers recommend updating the will immediately after divorce to remove the ex-spouse as beneficiary.
What happens if you change nationality? If you acquire Portuguese nationality, you can no longer elect foreign law under EU Regulation 650/2012 — Portuguese law becomes mandatory. If you renounce your original nationality, the foreign law election lapses. Update the will to reflect the new situation.
Where to Store the Will and the Estate Documents
The notary keeps the original Portuguese public will in their cartório archive and registers it in the Central de Testamentos. You receive a stamped copy. Store it carefully.
Recommended storage locations:
- Home safe. A fire-resistant home safe is the most accessible option. Most expats store the copy here for quick reference during life.
- Bank safe deposit box. Most Portuguese banks (Millennium bcp, Novo Banco, CGD, BPI) offer safe deposit boxes for €80–€300 per year. The original will is sometimes stored here for extra security, but this delays access for the heirs — they need to wait for the bank to open the box after the death certificate is presented.
- Lawyer's office. Many expat-engaged Portuguese lawyers store the original for clients, with explicit instructions for handover to the executor after death.
- Central de Testamentos (default). The Central de Testamentos registry stores the metadata of every Portuguese public will for the duration of the testator's life plus 15 years after death. The notary's office stores the actual document. This is the legal default.
What the heirs will need at death:
- Death certificate (certidão de óbito) — obtained at the Conservatória do Registo Civil within 24 hours of death.
- The will (certidão de testamento) — obtained from the Central de Testamentos registry within 1–5 working days of the death certificate request. The Central sends a "negative certificate" if there is no will.
- The testator's identification documents.
- The heir's identification documents.
- The asset documentation (property deeds, bank statements, etc.).
Common Mistakes That Invalidate Expats' Portuguese Wills
These are the errors that quietly cost expat families years of legal fees and lost inheritance. Most are easily avoided with awareness.
Mistake 1: Failing to Update After a Major Life Event
The most common mistake is making a will once and never revisiting it. Marriage, divorce, birth of a child, death of a beneficiary, acquisition of new property, change of tax regime — any of these can make the existing will ineffective or undesirable. Review every 3–5 years.
Mistake 2: Confusing the Forced Heirship Rules
Many expats write a will that leaves assets in a distribution prohibited by Portuguese forced heirship — for example, leaving 100% to a spouse when there are children. Under Portuguese law, that bequest is invalid to the extent it violates the legítima; the court will redistribute the estate to the forced heirs regardless of the will's terms. Elect foreign law under EU Regulation 650/2012 if you want testamentary freedom.
Mistake 3: Naming the Wrong Executor
The executor (testamenteiro) administers the estate. If you name someone who is too old, too ill, or too unfamiliar with Portuguese bureaucracy, the inventário process will stall. Most expats appoint a Portuguese lawyer or a younger family member. Always confirm the executor's willingness before naming them in the will.
Mistake 4: Forgetting the Foreign Will Clause
If you have a foreign will that you want to keep active, you need to specify in the Portuguese will that the revocation applies only to Portuguese wills. Otherwise, the Portuguese will silently revives the foreign will, creating two competing documents.
Mistake 5: Believing a Handwritten Will Has the Same Force as a Public Will
A testamento particular is valid, but it is fragile. The witnesses must confirm your signature, your mental capacity at the time of writing, and the absence of duress. If a witness is unavailable at probate, the will can be challenged. For any expat with Portuguese assets above €100,000, the testamento público is the safer choice.
Mistake 6: Failing to Translate the Will for Non-Portuguese-Speaking Heirs
If your heirs do not read Portuguese, the will is useless to them until it is translated. Include a sworn Portuguese translation in the original drafting, or store a copy of the will with a sworn English translation alongside it.
Mistake 7: Choosing the Wrong Notary
Not all notaries have experience with expat estates. Choose a notary who routinely works with English-speaking clients, has a track record of EU Regulation 650/2012 elections, and can explain the process in English. The Portuguese Bar Association's online registry lets you search by language.
Costs in 2026: A Realistic Budget
The cost of making a Portuguese will in 2026 varies by region, complexity, and whether you use an English-speaking notary. Here is the realistic budget:
| Cost item | 2026 amount |
|---|---|
| Notary fee (testamento público, simple) | €150–€350 |
| Notary fee (testamento público, complex with EU Regulation election) | €250–€500 |
| Notary fee (testamento cerrado) | €250–€500 |
| Lawyer review (optional but recommended for complex estates) | €200–€500 |
| Sworn English translation of the will (optional) | €80–€150 |
| Apostille for foreign-law election declaration | €30–€60 |
| EU Regulation 650/2012 election clause drafting (included in notary fee) | €0–€150 |
| Central de Testamentos registration fee | Included in notary fee |
| Total realistic cost for a standard expat will | €150–€500 |
These are 2026 rates as reported by Portuguese notaries in Lisbon, Porto, and Faro. Rural notaries may charge 10–20% less. International law firms with English-speaking notaries on staff typically charge €500–€1,000 for the full service.
FAQ: Making a Portuguese Will as an Expat in 2026
Can I write my own will in Portugal without a notary? Yes — the testamento particular allows a handwritten will signed in the presence of two witnesses. But the format is fragile, has the highest contest risk, and is rarely the right choice for an expat with significant Portuguese assets. The testamento público is the recommended format.
How long does it take to make a Portuguese will? A standard testamento público takes 45–90 minutes at the notary's office. Booking the appointment takes 2–4 weeks. Central de Testamentos registration takes 5 working days. The entire process, end to end, is 3–6 weeks.
Do I need to be a Portuguese resident to make a Portuguese will? No. Anyone can make a Portuguese will, including tourists, short-stay visitors, and non-residents. The will is valid for any Portuguese assets you own.
What happens if I die without a will in Portugal? The estate is distributed under Portuguese intestacy rules — which follow the same forced-heirship pattern as a will, but without your personal disposition. The spouse receives one-third to one-half, the children receive one-half to two-thirds, parents receive one-third to one-half if no children exist. The estate still goes through the inventário process, but with no will to guide the distribution.
Can I have both a Portuguese will and a foreign will? Yes. The two coexist if the Portuguese will explicitly states that the revocation applies only to Portuguese wills (and the foreign will does the same). Most expats maintain both — a Portuguese will for Portuguese assets and a home-country will for assets elsewhere.
Do I need a lawyer to make a Portuguese will? Not legally. The notary is qualified to draft the will, and the process is straightforward for simple estates. For complex estates — blended families, significant company shares, foreign-law election, blended assets across multiple countries — professional legal advice is strongly recommended. The €200–€500 lawyer fee is small compared to the cost of an incorrectly drafted will.
Can my spouse witness my will? No. The spouse of the testator and the spouse of any beneficiary cannot act as a witness. Portuguese law treats spouses as having a conflict of interest.
Can I change my will without going to the notary? Only by making a codicil (codicilo), which itself needs to follow the formal requirements of a will. In practice, the simplest path to changing a will is to make a new one. The new will automatically revives the old one, which keeps the documentation chain clean.
What happens if I move abroad after making a Portuguese will? The Portuguese will remains valid for any Portuguese assets you own. If you change your habitual residence to another country, you may want to make a new will in your new country of residence to reflect your updated life situation. The Portuguese will does not lapse because you changed residence.
Does a Portuguese will avoid UK inheritance tax? No. The will determines who receives the assets, not the tax treatment. UK-domiciled individuals with Portuguese assets are still subject to UK inheritance tax on worldwide assets, with Portuguese tax paid as a credit against UK liability under the UK-Portugal double taxation treaty. Speak to a UK tax adviser for cross-border planning.
How do I find the will after my death? The executor or heirs request a certidão de testamento from the Central de Testamentos registry. The certidão confirms whether a will exists, where it was registered, and which notary holds the original. This requires the death certificate and identification of the deceased.
Can I leave my Portuguese property to a non-EU citizen? Yes, with no restriction. The beneficiary can be a US, UK, Canadian, Australian, or any other nationality. They will need to go through the Portuguese inventário process to receive the property, but the nationality does not limit the bequest.
The Practical 2026 Timeline
For most expats settling in Portugal, the realistic timeline for making a Portuguese will is:
| Step | When | What happens |
|---|---|---|
| Decision to make a will | Month 0 | Decide on the will format and whether to elect foreign law |
| Asset inventory | Month 0–1 | List all Portuguese assets and how you want them distributed |
| Choose a notary | Month 1 | Find an English-speaking notary; book an appointment |
| Draft the will | Month 2 | Appointment of 45–90 minutes; the notary drafts, reads, and signs |
| Central de Testamentos registration | Month 2–3 | Automatic within 5 working days of the appointment |
| Optional sworn English translation | Month 3 | Store alongside the Portuguese original for English-speaking heirs |
| Review every 3–5 years | Ongoing | Update after major life events |
For an expat who is settling for the long term, this is a 6-week process that protects a potentially life-changing amount of value. The cost is €150–€500. The peace of mind is significant.
Conclusion: The Quietly Important Document
A Portuguese will is one of those documents that most expats think about occasionally and act on rarely. It does not have the immediate urgency of a NIF, the visible cost of a rental contract, or the operational demand of a bank account. But when it is needed, it is needed badly. The cost of not having one is paid in Portuguese court fees, in years of legal process, in conflict between heirs who did not know what the deceased wanted, and in a distribution that may bear no resemblance to what the deceased would have chosen.
For most expats with Portuguese property or assets above €100,000, the right approach is straightforward: make a Portuguese public will, register it in the Central de Testamentos, and review it every three to five years. If your home country's succession law is more permissive than the Portuguese legítima, elect it under EU Regulation 650/2012. If you have a blended family, foreign assets, or a complex estate, engage a Portuguese lawyer.
The cost is €150–€500. The timeline is 6 weeks. The benefit is a clean, predictable, low-friction transfer of your Portuguese estate to the people you choose. If you have Portuguese assets and you do not yet have a Portuguese will, this is the document to prioritise next.
This article is for informational purposes only and does not constitute legal, tax, or immigration advice. Consult a Portuguese lawyer or notary for guidance specific to your situation.