Successions: A Comprehensive Guide to Brazilian Inheritance Law

Introduction

In Brazil, the law of successions is governed by the Civil Code of 1916, which sets out the rules for the distribution of a person's estate after their death. The law is complex and can be difficult to understand, but it is essential for anyone who wants to ensure that their wishes are respected after they die.

The Basics of Brazilian Inheritance Law

Under Brazilian law, a person's estate is divided among their heirs, who are determined by their relationship to the deceased. The heirs are divided into three classes:

• Class I heirs: These are the deceased's children and grandchildren.
• Class II heirs: These are the deceased's parents and siblings.
• Class III heirs: These are the deceased's other relatives, such as aunts, uncles, and cousins.

The heirs in each class share equally in the estate, unless the deceased has made a will that specifies otherwise.

Wills

A will is a legal document that sets out a person's wishes for the distribution of their estate after their death. Wills can be used to:

• Name the heirs who will inherit the estate.
• Specify how the estate will be divided among the heirs.
• Create a trust for the benefit of the heirs.
• Make gifts to charity.

Wills must be in writing and signed by the testator in the presence of two witnesses. They must also be registered with the local notary public.

Intestacy

If a person dies without a will, their estate will be distributed according to the rules of intestacy. The rules of intestacy are set out in the Civil Code of 1916.

Under the rules of intestacy, the estate is divided among the heirs in the following order:

1. Class I heirs: The deceased's children and grandchildren.
2. Class II heirs: The deceased's parents and siblings.
3. Class III heirs: The deceased's other relatives, such as aunts, uncles, and cousins.

If there are no heirs in any of the classes, the estate will escheat to the state.

Conclusion

The law of successions in Brazil is complex and can be difficult to understand, but it is essential for anyone who wants to ensure that their wishes are respected after they die. If you are considering making a will, it is important to speak to a qualified attorney who can help you to create a valid and enforceable document.

Why You Should Buy This Book

This book is the most comprehensive guide to Brazilian inheritance law available. It provides a detailed explanation of the law, including the rules for intestacy and the requirements for making a valid will. The book also includes a number of helpful examples and case studies.

If you are interested in learning more about Brazilian inheritance law, this book is a must-read. It is an essential resource for anyone who wants to ensure that their wishes are respected after they die.