Until 2018, Portuguese law did not allow spouses to renounce their position as legitimate heirs in each other's succession, and any prenuptial agreement providing for such renunciation was considered null and void.

With the entry into force of Law No. 48/2018 of 14 August, it became possible to stipulate in a prenuptial agreement the reciprocal waiver of the status of legitimate heir, provided that the spouses intend to marry under the regime of separation of property, whether conventional or mandatory.

To read the full article, please download the PDF file.