Can I make a will and leave everything to whoever I want?
Conditional: you can make a will, but not dispose of everything — forced heirship (legítima) protects the reserved heirs. The basis is the Civil Code (arts. 2179 et seq.). There are two types: the public will (made before a notary) and the closed will (written by you, sealed and approved by a notary); both are logged in the Central Wills Registry (IRN). You can freely dispose only of the available portion: with a spouse and children, 2/3 is reserved (legítima) and only 1/3 is free. You can make a will from age 14, if capable. The notary act costs €159; at a private notary the fee is capped at €113.45 + VAT. In short: yes, but within forced heirship.
📋 The rules
- Two types: public (notary) and closed (sealed)
- Both logged in the Central Wills Registry
- Only the available portion is freely disposable
- Forced heirship: spouse + children = 2/3 reserved
- Make a will from age 14; act costs €159
🔓 Exceptions
- Disinheritance only for listed causes (art. 2166), stated in the will
- Foreign resident: may choose their national law (EU Reg. 650/2012)
- Emergency wills (military/maritime): relaxed form, short validity
⚠️ Penalties & fines
There's no "fine" — a will generates service costs, not penalties. The public act or approval of a closed will costs €159 (State fee); at a private notary the professional fee is capped at €113.45 + VAT. Forced heirship can't be set aside: leaving more than the available portion to a third party can be reduced at the reserved heirs' request. Beware a myth: Portugal has no holographic (handwritten) will, nor Brazil's "testamento particular" — it must be public or closed, at a notary. To make a will: choose the type, go to a notary, respect forced heirship, and if a foreigner, consider choosing your national law.
📎 Official sources
❓ Frequently asked
Can I leave all my assets to whoever I want?
Not always. You can only freely dispose of the so-called available portion. The legítima, the part reserved for the forced heirs (spouse, children and, in their absence, parents), must be respected. With a spouse and children, for example, two-thirds of the estate is reserved and only one-third is freely disposable.
What types of will exist?
There are two valid types in Portugal: the public will, made before and written by a notary, and the closed will, written or signed by you and then sealed and approved by the notary. Both are logged in the Central Wills Registry. A will simply handwritten at home isn't valid.
How much does a will cost?
A public will act, or the approval of a closed will, costs €159 as a fee. At a private notary, the professional fee is capped at €113.45, plus VAT. These are service costs, with no fine associated with making a will.
Can I disinherit a child?
Only in very limited cases. Disinheriting a forced heir is only possible for causes listed in law, such as committing an intentional crime against the testator or their family, and it must be expressly declared in the will. Outside those causes, the child keeps the right to the legítima.
Can I make a will by hand at home?
No. Unlike other countries, Portugal doesn't recognise the handwritten will, also called holographic, nor the "testamento particular" found in Brazil. The will must be public or closed, made or approved before a notary, to be legally valid.
🔎 Common searches
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