The recently approved Law n.º 48/2018, of August 14 allows spouses to mutually renounce, reciprocally, the status of legal heir of the other spouse, provided that the applicable regime is separation of assets, either by agreement or when imposed by law.

The renunciation of the status of legal heir of the other spouse may be conditional upon others hers surviving, as well as other persons and may also not be reciprocal.

This new regime does not affect the surviving spouse's right to maintenance or death benefits.

If, at the time of opening of the succession, the surviving spouse is less than 65 years of age and the family home is registered in the name of the deceased spouse, the surviving spouse may use and reside in the family home. This right does not be conferred if the surviving spouse has his or her own house in the municipality of the house where the family resides or in the neighboring municipalities if it is located in the municipalities of Lisbon or Oporto. After the period of 5 years, which can exceptionally be extended by the court, the surviving spouse has the right to remain in the property as a lessee, under a lease to be concluded in accordance with the general market conditions.

However, the surviving spouse who is 65 years of age or older has the right to housing for life in the family home.

In case of sale of the family home, the surviving spouse also has a preemptive right during the period in which they reside in the house, under any title.

All gifts in favor of the surviving spouse, who renounced inheritance, are not unavoidable and are therefore not subject to a reduction in the calculation of the inheritance and represent a considerable change to the regime existing in Portugal.

Law n.º 48/2018 of 14 August came into force on 1 September 2018.