The increasing number of individuals relocating globally for education, employment, or to establish families abroad has led to significant cross-border succession challenges.
How do succession laws work in an increasingly globalized world?
In Portugal, the legal system governing the succession of individuals who lived and passed away in the country is the Portuguese law, determined by their habitual residence. This may pose challenges for foreigners seeking a more flexible succession system due to specific features of Portuguese succession law.
European Regulation
However, the European Regulation no. 650/2012 allows individuals to elect the law of their nationality to govern their entire succession, bypassing the applicability of Portuguese law.
Reis & Pellicano’s recommendation
To ensure your wishes are upheld, draft a will in Portugal, explicitly stating your chosen applicable law. This proactive step can provide clarity and security in navigating cross-border succession challenges.
