Understanding inheritance law in Madeira is crucial for families with international connections. The applicable law depends on the date of death and whether cross-border elements exist. Since August 17, 2015, European Union Regulation (EU) No. 650/2012 has governed most cross-border successions within the EU, overriding Portuguese private international law rules.
European Regulation No. 650/2012
The European Succession Regulation applies to all successions opened after August 17, 20155. It ensures predictability and legal certainty across EU Member States, except the United Kingdom, Ireland, and Denmark.
The general rule is that the law of the deceased’s habitual residence at the time of death governs the succession. However, individuals may choose the law of their nationality, either at the time of the choice or at death. This allows foreign nationals in Madeira to select their national law in advance.
In exceptional circumstances, if the deceased had a closer connection with another country, that country’s law may apply instead.
Scope of the Regulation
The Regulation covers the entire succession, regardless of the nature or location of assets. This includes property in Madeira, other EU countries, or even third countries. The aim is to apply a single law to the whole estate, reducing fragmentation and disputes.
Nevertheless, the Regulation does not address taxation, administrative matters, or property registration rules. These remain subject to the domestic law of the country where the assets are located.
Application to Expat Couples in Madeira
Portuguese law usually governs succession when a foreign couple resides habitually in Madeira. This occurs because the habitual residence of the deceased determines the applicable law.
However, if the deceased had chosen the law of their nationality under Article 22 of the Regulation, that choice will prevail. If the deceased lived abroad but held property in Madeira, the law of the habitual residence generally applies, unless a valid choice of national law exists.
This framework ensures clarity for international families planning succession while living or holding property in Madeira.
Hierarchy of Legal Norms
The European Regulation takes precedence over Portuguese internal conflict-of-law rules. Portuguese Civil Code provisions, such as Articles 62 and 31, cannot override the primacy of EU law. Courts in Portugal, including Madeira, consistently affirm this hierarchy, ensuring consistent application of regulations.
Exceptions and Pre-2015 Deaths
For deaths before August 17, 2015, Portuguese private international law applies. Under those rules, the law of the deceased’s nationality at the time of death governs the succession.
Therefore, families must carefully determine the date of death, as it directly influences which law governs the inheritance process in Madeira.
Conclusion about Inheritance Law in Madeira
Inheritance law in Madeira has been shaped by European Regulation No. 650/2012 for cross-border cases since 2015. Generally, the law of the habitual residence governs, unless the deceased opted for their national law. Families residing in Madeira should plan succession early, ensuring clarity for heirs and compliance with applicable rules.
This article is for informational purposes only. It does not constitute legal advice. Individuals facing inheritance matters in Madeira should seek professional legal counsel to assess their situation.
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