I am a foreigner living in Portugal. Which law applies to my succession?

This week, in the Família por Direito segment, partner Stéfanie Luz, team leader of the Family and Inheritance Department, and trainee lawyer Mariana Souto Simões explain which law applies to succession when the deceased is a foreign resident in Portugal.
Articles 06/10/2025

Succession is generally governed by the law of the country where the deceased had his habitual residence at the time of death. Therefore, if that residence was in Portugal, Portuguese law may apply.

However, the author of the succession may, during his lifetime, decide to apply the law of his nationality by means of a legal instrument for that purpose.

This possibility is particularly important, since different legal systems grant greater or lesser freedom to the author of the succession to dispose of their assets, which can lead to significantly different outcomes in terms of succession.


The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

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Practice Areas

  • Family and Inheritance

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