Elsa
Lawyer · Lisbon, Portugal
- 640 cases handled · 38 in this service
- 29+ years in practice
- Speaks: English, Portuguese
- Law, Autonoma University Lisbon
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4.88(11 reviews)
Make a Will (Last Will & Testament) in Portugal
Making a will in Portugal is done before a notary and decides who receives the Portuguese assets, within the share the law reserves for close relatives unless the will validly chooses the law of the testator's nationality. English-speaking lawyers draft the testamento and coordinate it with a will from home.
About Make a Will (Last Will & Testament) in Portugal
Making a will in Portugal (also last will and testament, Portuguese will, will for property in Portugal, will for foreigners; in Portuguese testamento, drawn up as a testamento público or a testamento cerrado before a notary, notário) is how a foreign resident or property owner decides who receives their Portuguese assets after death. Some older lists and lawyer pages call this service “Make a last Will & Testament”. The will interacts with Portuguese rules on reserved heirs and with the EU succession regulation, so for a foreigner it is as much about which law applies as about who gets what.
Who it is for
Expats living in Portugal, owners of a holiday home or investment property, couples in second marriages or with children from earlier relationships, unmarried partners, and anyone with assets in two countries who wants the two estates to be settled without contradiction.
How it works in Portugal
A Portuguese will is made before a notary. In the public form the notary writes the will from the testator's instructions and keeps the original; in the closed form the testator writes it or has it written and the notary approves and seals it. The notary works in Portuguese, so a person who does not speak the language signs with an interpreter, and the will is recorded in the central register so that it can be found after death. Portuguese law reserves a share of the estate, the legítima, for the spouse, descendants and, in their absence, parents; the will disposes freely only of the remainder. For a foreigner the EU succession regulation adds a choice: by default the law of the last habitual residence governs the whole succession, which for someone living in Portugal means Portuguese law and its reserved shares, but the will may expressly choose the law of the testator's nationality instead. How that choice applies to Portuguese real estate, and whether it is best expressed in the Portuguese will itself, are points a lawyer confirms for each case.
What to watch for
- A new will may revoke an earlier one, including a will made at home; two wills for two countries have to be worded so that neither cancels the other.
- Choosing a foreign law is a formal declaration in the will; it cannot be assumed from nationality alone.
- Tax is a separate question: Portugal applies stamp duty rather than inheritance tax, with exemptions for close family.
- A will does not replace a power of attorney for the case of incapacity during life.
What a lawyer does
An English-speaking lawyer maps the family and the assets in each country, advises on the choice of law and the reserved shares, drafts the Portuguese will in both languages and coordinates it with the home-country will, attends the notary and keeps a record of where the original is. Related pages: inheritance, contest a will, power of attorney, property purchase, since many owners make the will right after buying.
Questions and answers
Is an English will valid in Portugal?
In general yes, if it was validly made where it was signed, but using it in Portugal needs translation, an apostille and, often, a Portuguese procedure to identify the heirs; a separate Portuguese will is usually simpler for the heirs.
Can a foreigner avoid the Portuguese reserved share?
Only by a valid choice of the law of their nationality in the will, where that law allows free disposition; a lawyer checks that the choice is effective for the assets concerned.
Can a will be made in English?
The notarial will is in Portuguese; a bilingual draft and an interpreter make sure the testator understands and agrees to every clause.
What happens without a will?
Portuguese intestacy rules, or the rules of the applicable foreign law, decide the heirs in a fixed order; see inheritance.
Portugal Inheritance Tax for Foreigners
Open the full tool →Work out the stamp duty on an inheritance or a gift in Portugal — 10%, or nothing for close family — by your relationship and the value of your share.
How it works
Using the calculator
- Choose whether you receive an inheritance or a gift.
- Choose how you are related to the deceased or the giver.
- Enter the value of your share of what is in Portugal — for a gift, also how much of it is real estate.
The result shows each charge and the total.
No inheritance tax — stamp duty instead
Portugal abolished its inheritance and gift tax in 2004. What you inherit or receive as a gift pays stamp duty (Imposto do Selo) of 10% instead — but the spouse or unmarried partner, children, grandchildren, parents and grandparents are exempt. Brothers and sisters, nephews and nieces, other relatives and friends pay the 10%. A gift of real estate adds 0.8% of its tax value, which close family pay too.
Foreigners and non-residents
The duty is charged on what is situated in Portugal — property, money in Portuguese banks, cars and boats registered there — whatever the nationality or residence of the deceased and the heirs. Property counts at its tax value (VPT), usually below the market price.
What to do and when
The head of the estate (cabeça-de-casal) declares the death to the tax office on Modelo 1 by the end of the third month after the month of the death — even when everyone is exempt. To register a property in the heirs' names you need a declaration of heirs (habilitação de herdeiros) and a Portuguese tax number (NIF). Which country's succession law applies — and whether a will made abroad works in Portugal — are separate questions; a Portuguese lawyer handles the declarations and the registration.
1Your details
Property at its tax value (VPT), money in Portuguese banks, other assets in Portugal
2Your result
| Stamp duty 10%10% of €300,000 | €30,000 |
| Stamp duty on your share | €30,000 |
- Portugal taxes what is IN Portugal — property, money in Portuguese banks, cars and boats registered there — whoever the deceased and the heirs are.
- The head of the estate (cabeça-de-casal) declares the death on Modelo 1 by the end of the 3rd month after the month of the death — even when every heir is exempt.
- The value of a property is its tax value (VPT), not the market price. The 0.8% charge on property applies to gifts, not to an inheritance.
- To register the property in your name you need a declaration of heirs (habilitação de herdeiros) — about €375 at a registry office — and a Portuguese tax number (NIF).
An estimate for planning, not legal or tax advice. Figures checked 26 Oct 2026. Sources: Stamp Duty — the general table, verbas 1.1 and 1.2 (Portal das Finanças), Stamp Duty Code art. 4 — territoriality, Stamp Duty Code art. 26 — the declaration (Modelo 1), AT leaflet — Stamp Duty on a death (December 2025).
Ask a lawyer about your case7 lawyers who provide Make a Will (Last Will & Testament) in Portugal
Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.
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Teresa
Lawyer · Faro, Portugal
- 948 cases handled · 22 in this service
- 16+ years in practice
- Speaks: English, Portuguese, French
- Law, Coimbra University
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4.99(60 reviews)
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Tiago
Lawyer · Viseu, Portugal
- 472 cases handled · 6 in this service
- 7+ years in practice
- Speaks: English, Portuguese
- Law, Pontifical Catholic University of Rio Grande do Sul
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4.98(42 reviews)
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Goncalo
Lawyer · Lagos, Portugal
- 55 cases handled · 6 in this service
- 7+ years in practice
- Speaks: English, Spanish, Portuguese, French
- Degree in Law, Universidade de Lisboa
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Carolina
Lawyer · Lisbon, Portugal
- 366 cases handled · 5 in this service
- 4+ years in practice
- Speaks: Spanish, English, Portuguese
- Law, University of Coimbra
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4.91(11 reviews)
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Jorge
Lawyer · Porto, Portugal
- 116 cases handled · 3 in this service
- 9+ years in practice
- Speaks: English, Portuguese
- Law, Coimbra
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5.00(6 reviews)
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Nuno
Lawyer · Seia, Portugal
- 20 cases handled
- Speaks: Portuguese, Spanish, English
Contact form · a chat with a lawyer
Talk to a lawyer about Make a Will (Last Will & Testament)
7 registered lawyers provide this service in Portugal. Describe your situation in a short chat — what happened, where, and how to reach you. Your enquiry is reviewed and passed to a lawyer who handles exactly this kind of case, with no obligation.
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Enquiries are answered by lawyers of AdvocateAbroad. This site provides legal information, not legal advice.
What our clients say about our service in Portugal
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A very nice lawyer who helped me quickly solve the problems I presented. She also introduced me to the various things one must have as a resident in Portugal and helped me sort them out. Her English was perfect, and I am very pleased with the help I received.
— Fernando12 Jun 2021 -
The lawyer is a real professional. He grasped what I needed, carried out his tasks diligently, and answered my requests for updates promptly and courteously. His knowledge of Portuguese law and its bureaucracy was commendable, and his rates were reasonable. I hope he continues to build his clientele, both in Portugal and abroad, above all in the US. He does a very good job, and no improvement is needed. I am completely satisfied.
— Ana14 Oct 2020 -
She made a potentially complicated, stressful matter simple, and I am very satisfied.
— Janet31 Jul 2023 -
In 2021 my wife and I moved from America to Spain, where we found out that Spanish law required each of us to have a will if one of us died, so the survivor could reach the cash in our Spanish bank accounts. In 2025 we contacted the lawyer to get this done. She speaks good English and carried out the task expertly and efficiently, even joining us at the notary's office to finalize the paperwork. We were so pleased that we also hired her for our Spanish taxes for 2025. They were done perfectly too, and we even received a refund. I would definitely recommend her for any need under Spanish law. The fees were very reasonable and well earned.
— Lucky17 Aug 2026Make a Will (Last Will & Testament) -
She was always very helpful, and I would recommend her.
— Jeffrey07 Jul 2026 -
Professional advice sorted out all my requests; I am very satisfied.
— Michael03 Jul 2026 -
The lawyer was exemplary. A matter concerning a will needed immediate attention during my stay in the country, and he handled the legal review, the notarial consultation and the procurement of witnesses fast, reliably and efficiently, with professional expertise. When you need legal advice in Portugal, he is the person to go to.
— Steve11 Jun 2026Make a Will (Last Will & Testament) -
The lawyer in Oviedo gave us great service, with a professional and friendly manner. His English is excellent, and he planned everything well, including the help with the notary. Thank you!
— Goe30 Jan 2026Make a Will (Last Will & Testament) -
The lawyer has helped my family for many years, always fantastic and consistent, with good communication throughout. She is very professional and knowledgeable, and always on hand to answer questions and offer good advice. I would recommend her; she is first class.
— Kate10 Dec 2025Make a Will (Last Will & Testament) -
What a service! The lawyer is by far the most professional, thorough and helpful lawyer or solicitor I have dealt with, and my international affairs mean I have worked with plenty. When we wanted our wills drawn up, we did not want them under Spanish law. He saw to it that they were prepared and secured under the laws of our home countries and yet fully valid here in Gran Canaria under Spanish law. My wife is 78 and needed to sell her apartment while keeping the right to live in it for the rest of her life (at least 30 years), at an agreed lower rent and with usufruct rights, so that she would get cash from the sale without losing her home. He sorted that out too. He arranged everything, the notary included, and provided us with English translations of the Spanish contract. I cannot stress enough that he was available at any time by phone, email or WhatsApp. He even went through everything with us at the notary's office, and whenever something was unclear or not in our favour, he had it redrafted again and again. His integrity, professionalism and commitment to his clients are the best I have ever met. If you need a lawyer in Gran Canaria who speaks excellent English and keeps cool under the heaviest pressure, he is the one to have beside you. Simply the best is what you get, as the song says. If you fear he will be expensive, there is no need: I paid more in the UK and Germany, among other countries where I needed legal representation. Both my British wife and I have hired him several times by now, and we will always keep returning to him, whatever else comes up. This review is long, I know, but I could say much more about his superb work. If you are not yet convinced, there is nothing more I can say. Until next time, to a legal-knowledge computer on two legs, and a wonderful one!
— Michael27 Jun 2025Make a Will (Last Will & Testament) -
She was very professional and knowledgeable about the law, and also kind and empathetic when we discussed my options on a very personal point. The assistance was excellent and I would recommend her without hesitation.
— Jennifer29 May 2025 -
The lawyer was personal and professional while writing and filing my Will. She is friendly, and she could advise me on the complexities of a Will in Portugal and on the legal requirements, which differ from those of Australia, where I am a national.
— Michael24 Mar 2025Make a Will (Last Will & Testament)