How does a will work in Portugal? What are the advantages?

"Family by Law" is a section of Caiado Guerreiro where the team leader of the Family and Succession Department, Stéfanie Luz, answers questions on the subject.
News 19/02/2024

A will is an act by which any person, whether of legal age or an emancipated minor, who is not mentally incapacitated, can determine how their assets are to be distributed, in whole or in part, after their death.

To be effective, wills must be made in one of the following ways:

  1. Public will

Is drawn up by the notary in his notebook and it is possible to find out that a will exists, but not its contents.

  1. Closed will
    1. Can be drawn up by the testator himself and then there is an instrument of approval made by a notary. In this case, it is not possible to find out about the existence of the will until after the testator’s death.

It is important to note that a will does not bind the testator to its contents, it can be revoked at any time and can also be replaced and updated according to the testator’s wishes.

What are the advantages of a will?

  • It reduces family conflicts;
  • It ensures that your will prevails even after your death;
  • It allows you to dispose of assets in favour of anyone.

Talk to your lawyer for more questions on Family and 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.

Practice Areas

  • Family and Inheritance