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Chapter 13 of 21

Wills & Inheritance

Brussels IV, legítima & professio juris

Wills & Inheritance

Brussels IV, legítima & professio juris

This is complex matter. ALWAYS consult a specialized lawyer.

Sources: dre.pt | gov.pt

Portuguese Inheritance Law

Portuguese inheritance law fundamentally differs from Dutch law. Key point: forced inheritance (legítima) — you CANNOT disinherit your close family.

SituationReserved PortionFreely Available
Partner + children2/31/3
Only partner1/21/2
Only children1/2 - 2/31/3 - 1/2
No partner/children/parents0100%

Brussels IV & Professio Juris

Since 2015: by default the law of the country where you live (Portugal) applies. You CAN choose the law of your nationality via a professio juris clause in your will. This is crucial for Dutch nationals who want to apply Dutch inheritance law.

ESSENTIAL: Professio Juris

Without a professio juris clause, Portuguese inheritance law (including forced inheritance) applies automatically. Explicitly include in your will that you choose the application of Dutch law. Have this drafted by a specialist.

Inheritance Tax

  • Partner, children, parents: EXEMPT (0%)
  • Others: 10% (imposto de selo)
  • Only on Portuguese assets
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Glossary
  • NISS (Social Security Number)

    The Portuguese social security number. You need your NISS if you plan to work in Portugal or start as a freelancer. It is also required for access to certain social benefits and allowances.

  • SEF/AIMA (Immigration Service)

    The former Portuguese immigration service SEF was replaced by AIMA in 2023 (Agency for Integration, Migration and Asylum). AIMA handles residence permits, visa applications and all immigration matters. Wait times can be long, so start your application early.

  • IRS (Personal Income Tax)

    Portuguese personal income tax. The IRS return is filed annually between April and June. Rates range from 14.5% to 48% depending on income. Tax residents must declare their worldwide income.

  • ISV (Vehicle Registration Tax)

    Tax when registering or importing a vehicle in Portugal. The ISV amount can be substantial, especially for older or polluting vehicles. EU citizens who relocate may be eligible for exemption under certain conditions.

  • CPCV (Promissory Purchase Agreement)

    The preliminary purchase contract when buying property in Portugal. Upon signing you typically pay a 10-20% deposit (sinal). If the buyer withdraws, they lose the deposit; if the seller withdraws, they must repay double the amount.

  • Certidão de Teor (Property Registry Extract)

    An extract from the Portuguese property registry at the Conservatória. The Certidão de Teor shows who owns a property and whether there are mortgages or liens on it. Always check before purchasing a property.

  • Junta de Freguesia (Parish Council)

    The local administrative body at neighborhood level, comparable to a Dutch district council. At the Junta de Freguesia you can request an Atestado de Residência (proof of residence) among other things. It is often your first point of contact for local matters.

  • Conservatória (Registry Office)

    The Portuguese registry office for property and civil status. At the Conservatória, property transfers, marriages and births are registered. For property purchases, registration at the Conservatória do Registo Predial is mandatory.

  • Título de Residência (Residence Permit)

    The Portuguese residence permit card, comparable to a Dutch residence permit. After approval of your visa application, you receive a Título de Residência allowing you to legally live and work in Portugal.

  • Multibanco

    The Portuguese payment network and ATM system. Multibanco is not only used for cash withdrawals, but also for paying bills, taxes and even concert tickets. It is an essential part of daily life in Portugal.

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