Yes, disinheriting a child is legally permissible in Portugal under strict conditions outlined in the Civil Code, but it is not absolute. The law permits exclusion only for specific, legally defined grounds, and forced heirship rules limit testamentary freedom. Recent 2026 amendments by the Direção-Geral da Política de Justiça reinforce judicial oversight to prevent abuse, requiring formal validation of disinheritance motives.
Key Regulations for Disinheriting a Child in Portugal
- Forced Heirship (Legítima): Children are protected heirs, entitled to at least 50% of the estate’s legítima (reserved share). Disinheritance must not reduce their statutory claim below this threshold unless justified by law.
- Valid Grounds: Only specific causes permit disinheritance, including serious crimes against the testator or their family (e.g., murder, abandonment, or severe abuse), as per Artigo 2166.º of the Civil Code. Vague or retaliatory motives are insufficient.
- Judicial Scrutiny: Disinheritance clauses require probate court approval (Tribunal Judicial da Comarca). The heir may contest the decision within 1 year, triggering a review of the grounds’ validity and proportionality.