Which law applies?
Can I choose the law applicable to my succession?

Last update: 10/3/2012

The law which applies to the succession is the law of the country whose nationality the deceased held at the time of his/her death. Portuguese law does not allow any derogations from this rule, so that a testator cannot choose the law applicable to his/her succession. If the deceased had Portuguese nationality, Portuguese law will therefore be the applicable law. If he/she had another nationality, it is necessary to check which law would be applied by his/her country of origin. In principle this law would be applied in Portugal, but it is always necessary to check the rules for determining the applicable law in accordance with Portuguese private international law (article 16 of the civil code).