Why a Portuguese Will Isn’t Enough for Americans in Portugal
For many Americans moving to Portugal, the first estate planning instinct is to just add a Portuguese will. It sounds like a practical way to handle local property and accounts, but in reality, this narrow approach often creates the very problems it was meant to prevent.
As practitioners who work exclusively in cross-border planning for Americans in Portugal, we see two recurring patterns.
First, many clients complete their U.S. estate planning before moving abroad, assuming they can simply carry it over once they arrive in Portugal. Unfortunately, that rarely works. U.S.-Portugal planning is highly specific, and plans built for U.S. residents often fail in a cross-border context. Once clients become non-residents, their incapacity documents may not translate, their trust structures may be unworkable, and their overall plan may stop functioning as intended. In nearly every case, we end up reworking these plans to make them valid, efficient, and truly usable from Portugal.
Second, we often see clients who have spent time and money adding a Portuguese will that elects U.S. law, but without coordinating it with their existing U.S. estate plan. Rather than simplifying matters, that extra will can unintentionally unravel prior planning. We’ve seen it create conflicting executor appointments, overlapping asset distributions, and even full probate in both countries. What was meant as a safeguard often invites complexity, delay, and sometimes litigation.
The truth is that a Portuguese will, on its own, is not a plan; it’s a component. Comprehensive cross-border estate planning integrates that will into a coherent structure aligned with your U.S. documents, your tax position, and the realities of administering an estate from abroad.
And today, the motivation for doing this right isn’t primarily tax. With the U.S. estate tax exemption expected to be around $15 million per person in 2026 and no estate or inheritance tax in Portugal, the focus for American expatriates is probate avoidance and risk management. Once you no longer have a U.S. residence and your American assets are primarily moveable, the risk of a lengthy, multi-jurisdictional probate (and the disputes that often follow) becomes material.
Good estate planning is about more than documents. It’s about managing risk: clarifying your intent, coordinating between jurisdictions, and eliminating the ambiguity that so often leads to conflict. A Portuguese will is absolutely be part of that solution but only when it fits within a larger, intentional plan that truly bridges both systems.
How we help
We work exclusively with Americans living in Portugal, allowing us to solve, efficiently and at scale, the cross-border issues that drive up costs in broader international practices. We design coordinated U.S.–Portuguese estate plans that are valid, practical, and easy to administer on both sides of the Atlantic. From managing international probate to structuring trusts that account for multinational assets, heirs, and settlors, our focus is not only on applying the law, but on managing the risks that arise when life and assets cross borders.
You can learn more about our approach to cross-border planning through our on-demand sessions or schedule a personalized cross-border estate planning consultation to start building your own plan.
This communication is for informational purposes only and does not constitute legal, tax, or investment advice. Areia Global is a U.S. based law firm providing U.S. federal tax advice and does not provide Portuguese legal or tax advice. Any references to Portuguese law are based on guidance received from local counsel. Individuals should consult with qualified advisors in each relevant jurisdiction before making any decisions regarding asset ownership or tax planning.