Brussels IV in Portugal: What Expats Need To Know About Wills & Estate Planning

For many expats living in Portugal, sorting out visas, taxes, and finances is often front of mind. But one area that frequently goes ignored is estate planning. Specifically, whether you have a valid Will that reflects your new life abroad.

For British expats, failing to prepare a Will or to apply Brussels IV correctly can lead to serious consequences.

The Main Issue: Forced Heirship & Brussels IV Agreement

What Is Forced Heirship in Portugal?

Portugal follows a forced heirship model, where a fixed portion of your estate may automatically go to your spouse and/or children, regardless of your personal wishes:

• No children: 50% goes to your spouse
• With children: up to 66% is split between children and spouse

This can cause serious complications for:

• Blended families
• Unmarried partners
• Individuals wanting to leave assets outside of “bloodline” heirs

Brussels IV is an EU regulation that allows expats to elect the law of their nationality to govern their estate.

“If you are a UK national living in Portugal, and your Will states that UK law should govern your estate, then UK succession rules apply—meaning you are free to leave your estate as you choose.”

However, this must be clearly stated in your Will. If your Will was last updated before August 2015, there’s a chance it doesn’t include this provision.

Real Cases: Why Having a Will Matters

In one real-life example, a man passed away unexpectedly. His plan was for his wife to inherit everything—but he had no Will. An ex-partner contested the estate, freezing the process while a lengthy and expensive legal battle took place.

Luckily, his investments were in joint names, so they bypassed probate and were transferred directly. Without that, his assets could have been inaccessible for years.

In another case, a Jersey-based bank demanded excessive paperwork to release funds to heirs—delaying the process and creating unnecessary emotional strain.

Cross-Border Assets? One Will May Not Be Enough

If you have assets in more than one country, a single Will might not suffice. Countries like France, Spain, and Jersey may still require local probate—even with a Will.

You may need:

• Wills tailored to each jurisdiction
• A Will that explicitly invokes Brussels IV
• An executor who understands multi-jurisdictional estates

What Happens If You Do Nothing?

If you fail to update your Will or include Brussels IV:

• Portuguese forced heirship laws may apply to your Portuguese assets
• Your estate could face lengthy probate delays
• Beneficiaries may deal with unnecessary tax exposure
• Estranged relatives could contest the estate

Next Steps to Protect Your Estate

1. Review your current Will – Is it up to date?
2. Check for a Brussels IV election – Essential for UK nationals in Portugal
3. Clarify your residency and domicile status – For UK inheritance tax purposes
4. Consider cross-border advice – Especially if you hold property or accounts across countries. For guidance on tax, pensions, and investment structuring, see my financial advice for expats in Portugal.
5. Use probate-friendly structures – Joint names or named beneficiaries can help avoid probate

There may be better strategies than Brussels IV depending on your circumstances—seek personalised advice to create a secure and tax-efficient estate plan.

Disclaimer: While care has been taken to ensure the information in this article is accurate at the time of publication, laws and regulations may change. This content should not be relied upon as a substitute for personalised professional advice. Always seek guidance based on your specific circumstances.