High-net-worth expats relocating to Portugal must structure their cross-border succession planning to avoid complex probate issues. Under the EU Succession Regulation (Brussels IV), foreign residents can choose the inheritance law of their nationality, provided it is correctly drafted in a legally binding Portuguese will.
Moving to Portugal involves much more than obtaining a visa, purchasing property, or transferring assets. For high-net-worth families, there is an issue that is often left for later: what will happen to your assets when you are no longer here to manage them?
The idea that the inheritance will simply be “automatically divided” among family members can create problems when different assets, heirs, or nationalities are involved.
And, in an international scenario, a poorly structured will can turn an apparently simple succession into a long and complex process.
What happens to the inheritance of a foreigner residing in Portugal?
Portugal is part of the European Union and is subject to the European Succession Regulation, known as Brussels IV or Regulation (EU) No. 650/2012.
In simplified terms, the regulation establishes rules to determine which law should apply to the succession of a person who has connections with different countries.
This is particularly relevant for expats who live in Portugal but own assets in other countries.
For example:
A Brazilian entrepreneur who resides in Portugal may own real estate in Brazil, investments in the United States, and ownership interests in European companies.
Without proper succession planning, different jurisdictions may become involved in the administration of the estate.
Is it possible to choose the law of your country of nationality?
Under certain circumstances, yes.
Brussels IV allows a person to choose, through a valid provision, for the law applicable to their succession to be the law of the country of their nationality.
This choice is known as professio juris.
But there is a fundamental detail: the choice must be made correctly and comply with the applicable legal requirements.
This is precisely why an international will should not be treated as a generic document.
For a family with assets in different countries, it is necessary to analyze the wealth structure, the nationalities involved, habitual residence, and relevant succession rules before defining the strategy.
Is having a will in Portugal enough?
Not always.
A will is an important tool, but international succession planning goes far beyond simply stating who will receive a particular property.
It is necessary to analyze how the different assets are structured and which rules may apply to them.
Among the points that deserve attention are:
- real estate located in different countries;
- ownership interests in companies;
- bank accounts and investments;
- trusts and wealth structures;
- life insurance;
- beneficiaries;
- matrimonial property regime;
- nationality and residence of heirs;
- potential tax obligations related to the transfer of assets.
An effective succession strategy needs to consider the estate as a whole, not just the assets located in Portugal.
What about inheritance taxes in Portugal?
The tax aspect also deserves attention.
Portugal has specific rules for gratuitous transfers of assets, and certain transfers between close family members may benefit from exemptions, while other situations may be subject to stamp duty.
In addition, when assets or heirs are located in other countries, tax obligations may arise in more than one jurisdiction.
For this reason, succession planning should be coordinated with an appropriate tax analysis.
The goal is to prevent a family from discovering only after a death that a particular wealth structure creates unexpected tax or succession consequences.
Security for the next generation
For high-net-worth families, succession planning does not simply mean deciding “who gets what”.
It means creating a structure capable of preserving wealth and reducing conflicts, uncertainty, and bureaucracy for the next generation.
Residence in Portugal may mark the beginning of a new family and wealth phase. Succession planning should be part of this transition from the beginning, or reviewed as soon as the family settles in the country.
For high-net-worth expats, failing to have international succession planning in place may mean leaving heirs with a legal problem that could have been avoided.
Portugal cross-border succession planning makes it possible to analyze, in an integrated manner, residence, nationality, wealth, wills, and applicable succession law.
More than protecting assets, it is about protecting decisions, family relationships, and the legacy built over a lifetime.
Secure your family’s future and protect your global assets. Schedule a confidential cross-border succession planning consultation today.
Anna Miranda – Immigration & Mobility Lawyer in Portugal
Anna Miranda is an international immigration lawyer specialized in global mobility, corporate structuring, and Portuguese citizenship. She acts as trusted local counsel for Family Offices, wealth managers, and international law firms, providing seamless cross-border legal cooperation. AM International Law represents high-net-worth clients globally, ensuring flawless execution and strict regulatory compliance before Portuguese authorities.