Inheritance Made Easy

In Brazil, preparing a will can save your family from fights and long-lasting disputes over your estate. It’s important, however, that you do it properly. Otherwise, you run the risk of it being unenforceable.

First, the testator must be over 16 years old. Second, the testator must have the physical and mental capacity necessary to express his true wishes. Third, the testator can only dispose of 50% of his property, unless he doesn’t have any close relatives.

There are three types of wills: public (público), private (particular), and closed (fechado or cerrado).

Public wills are the safest and most common. They are prepared by a notary at the Tabelionato de Notas and require two witnesses who aren’t beneficiaries. Despite the name, the document is confidential and its content is only disclosed to the heirs after the testator’s death.

Private wills are the cheapest type because a notary isn’t involved in their drafting or filing. The testator simply writes his will in whatever language he wants in front of three non-beneficiary witnesses.

Closed wills are rarely used. Like the public will, closed wills are prepared in front of a notary and two witnesses. However, only the testator knows the contents of the will. When the testator dies, the envelope is opened by a judge in front of the heirs.

While trusts don’t exist in Brazil, a will is a good option for anyone wanting to manage their estate. It can be replaced whenever you change your mind. Just keep in mind that it’s your last will that counts.