I want to leave some of my assets to people other than my heirs. Is this possible?
Yes, it is possible — but with limitations.
In Portugal, the law protects certain close relatives, known as legitimate heirs, guaranteeing them a minimum share of the inheritance, regardless of what the testator writes in their will.
Legitimate heirs are:
children and descendants;
the spouse;
in the absence of children, parents and ascendants.
These heirs are entitled to a mandatory share of the inheritance — the so-called legitimate share.
What does this mean in practice?
If you wish to leave assets to people who are not part of this circle — such as friends, godchildren, nephews, institutions, employees or anyone else — this is perfectly permissible, provided that:
the legitimate portion of the heirs is respected, and
the allocation is made through a properly drafted will.
The part of the inheritance that the testator can distribute freely is called the disposable portion.
What percentage can I freely leave to whomever I want?
It depends on the family situation. In general terms:
If the only legitimate heir is the spouse, they are entitled to 50% of the inheritance. The disposable portion is the other half;
With a spouse and children: the disposable portion is one third of the inheritance;
Without a spouse but with children: their legitimate share is half or two-thirds of the estate, depending on whether there is only one child or two or more;
Without descendants but with a spouse and ascendants: the disposable portion is one-third of the estate.
If there are no legitimate heirs: you can freely dispose of 100% of the estate.
The reality may vary depending on the number of heirs and the composition of the estate, so it is essential to calculate the legitimate portion correctly before preparing a will.
What are the ways to leave assets to other people?
The most common options are:
Will, clearly indicating the beneficiaries and the assets allocated;
Specific legacies (e.g. a house, a monetary amount, a work of art, a vehicle);
Gifts during your lifetime, which can be planned with present or future effects;
Estate planning structures when there are significant assets or property in several countries.
Each type has its own formal requirements and different consequences in terms of tax and inheritance.
What if I don't make a will?
Without a will:
the law decides who inherits;
it is not possible to benefit third parties;
only the legal heirs will receive the estate.
Therefore, if you wish to favour someone who is not a legitimate heir, a will is indispensable.
How we can help
At Leal Figueiredo & Associados, we provide personalised advice on:
drafting clear, valid and dispute-proof wills;
calculating the legitimate portion and the disposable portion;
national and international succession planning;
asset protection and secure transfer between generations.
The way you decide to dispose of your assets is important — and must be done with legal certainty.
If you would like to proceed or clarify any questions about your case, please contact us: tgl@lfadv.pt