I’m in a de facto union, am I entitled to my partner’s inheritance?

This week, in the Família por Direito series, partner Stéfanie Luz and lawyer Inês Carvalho e Melo explain the rights of those living in a de facto union and what happens to the estate upon the death of a partner.
Articles 01/06/2026

Although de facto unions are becoming increasingly common in Portugal, in the event of death, a de facto partner is not a legal heir. Unlike a spouse, the partner does not automatically enter the succession and can be entirely excluded from the estate if there is no will.

Without a will, the estate will be distributed among the heirs provided by law, usually: children, ascendants, and, as a last resort, other relatives such as uncles. This means that, without a specific expression of will, the partner may receive nothing

Some limited legal protections do exist, and the surviving de facto partner may, for example, have the right to remain in the family home, provided the legal requirements are met.

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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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