Where There’s a Will...

Well, there isn’t always a way. At least in Brazil that is.

While you may have already drafted a will in the United States, you’ll find that Brazil won’t necessarily recognize your inheritance decisions. That’s true even if it’s part of a US court decision. After all, assets located in Brazil are subject only to Brazilian jurisdiction.

So what can you do? Prepare a will in Brazil too. Of course, you’ll want to make sure you follow all of the proper formalities to ensure a Brazilian court will enforce it when the time comes. You can read our article HERE about the different ways to prepare a will in Brazil.

It doesn’t matter what inheritance decisions you’ve included in another will that’s been drafted outside Brazil. Maybe it says Aunt Betty gets your Rio beach home when you die. It makes no difference. Real property in Brazil is governed by Brazilian law, so a foreign agreement simply won’t suffice.

Just remember that not all of your assets can be freely transferred in a will, even if it’s a Brazilian will. Unless you have no immediate family, you’ll likely only be allowed to transfer up to 50% of your property. That’s because a portion of the estate is reserved by law for the “necessary heirs.”

As with all aspects of doing business in Brazil, it’s critical that you plan far in advance. Organizing your estate - even if you already have a structure in place somewhere else - is necessary if you plan on living in Brazil.