Inheritance in Portugal and succession

Your parents or family members are living in Portugal for their retirement. In order to benefit from tax advantages of the latter. What about the rights applicable after the death of one of them.

Article 21, of the European regulation 650/2012, allows that the whole of the succession and place in the country in which the deceased had his habitual residence at the time of death.

Article 22 of this same regulation also provides for the possibility for your parents to choose the law of their nationality. However, this choice must be made when they draw up their will.

Inheritance tax in Portugal

The law thus designated applies to the entire succession, from its opening to the partition. On the other hand, the choice between the law of the habitual residence and the law of the nationality does not apply to tax treatment. It will be subject to both Portuguese and French law.

Learn more about the rules of succession in Portugal, we invite you to consult our article dedicated to this subject.