Can anyone give me some tips.

Last activity 15 April 2013 by Christine

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Christopher JonesMember14 April 2013 13:44:16

Good morning.
I'm an expat and have lived in Brasil since 1989 with a family of four.
I worked offshore untill I was medically retired, heart attack, diabetes etc.etc.
My clocks ticking and I am attempting to get a handle on the laws here regarding a last will and testiment. (That is without chasing down lawyers with no foreknowledge of the basic laws).
I have been told that 50% of my estate can be divided by my discretion and the remainder must by Brasil law be left to my children.
This is all second hand information and I can't back it up despite the fact I have surfed the net for days on end.
Due to my conditions medically the last thing I need is to get hunt around for lawyers and get involved in a situation that would most likely leave me werse oof than I am now.
Can anyone give me some tips.
thanks,
Sincerely. Chris Jones

JamesViP14 April 2013 14:43:44

11272

Christopher,

From everything that I've read on the subject of laws of succession and Wills in Brazil I can tell you the following:

If you already have a Last Will and Testament (anywhere worldwide) which is still in effect and has not been superceded by any event such as marriage, which automatically invalidates an existing Will it remains in force here in Brazil even though it is written in a foreign language. It will however be interpreted and probated according to all applicable Brazilian laws.

If you do not have a will I would strongly recommend that you make up one as soon as possible. This will save a lot of headaches for those who are left behind and prevent any disharmony among them regarding division of assets (never pretty).

If you are legally married, as I understand it upon death all of your assets pass automatically to your spouse (50%) and your offspring (the remaining 50% - per capita). That is to say that if you also have sons and/or daughters outside of Brazil, they would also be entitled to their share in your estate.

While you can put just about any provisions in a Will that you see fit, these are all subject to review by a judge. The laws in force at the time will over-ride anything in a Will.

I'd strongly recommend that you contact a lawyer and make up a Will, it's worth what little they actually charge.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

JamesViP14 April 2013 14:59:59

11272

One other thing that I might mention is that while a Holograph Will (self-written) is legal in Brazil; the conditions that must be met for it to be valid are quite onerous and demanding. Unless you are completely fluent in Portuguese and follow the conditions exactly it is not something that I would suggest you try.

Cheers,
William James Woodward - Brazil Animator, Expat-blog Team

ChristineViP15 April 2013 10:33:07

42879

Hi Christopher Jones,

welcome to Expat.com!

A new topic has been created as from your post on the Brazil forum.

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