Succession · Brazil

Will and testament lawyer in Brazil

Planning and drafting a Brazilian will around the client’s family and assets, with advice on forced-heirship limits, the appropriate form and coordination with other succession arrangements.

5.0 · 18 Google reviews
In brief

When preparing or reviewing a Brazilian will, we identify the testator’s wishes, check the disposable portion of the estate, arrange legacies and alternative beneficiaries, and advise on the appropriate form. For introductory information, read how to make a will in Brazil. For broader arrangements involving gifts, usufruct and company structures, see estate planning in Brazil.

What we handle

What we handle when preparing a will.

  • Family and asset assessmentMapping forced heirs, assets, liabilities, family circumstances and the testator’s objectives.
  • Choice of testamentary formWe assess a notarial (public), sealed or private will under Brazilian law, according to the circumstances and required safeguards.
  • Drafting the provisionsClear clauses for legacies, shares, substitutions and other legally permitted testamentary provisions.
  • Forced-heirship reviewChecking the disposable portion where Brazilian law reserves a protected share for forced heirs.
  • Review and updatingReviewing an existing will after marriage, divorce, birth, death or material changes in the estate.
  • Coordination with estate planningAligning the will with gifts, usufruct, corporate arrangements and asset records where relevant.
Step by step

How we structure a Brazilian will.

  1. Confidential interviewWe understand the family, assets and the testator’s own wishes without presuming the intended outcome.
  2. Legal-limits reviewWe check forced heirs, the protected share, ownership of assets and the risk of conflicting provisions.
  3. Draft and verificationWe draft precise provisions and verify names, assets, percentages and any proposed conditions.
  4. Formalisation and recordsWe advise on execution in the chosen form and on certificates, witnesses, safekeeping and future updates.
Client feedback

What clients say on Google.

View on Google
5.0 · 18 reviews

“From the outset, I received exceptional service. The team is attentive and explains every step.”

Amanda M. · Google

“Excellent, highly qualified professionals. I especially value their professionalism, service and honesty.”

Rita G. · Google

“Very courteous and patient, always with precise and reliable answers. I recommend them without reservation.”

Thais T. · Google

English translations of genuine client reviews published on Google.

Who handles it

Who leads this area.

Renato Falchet
Renato Falchet

Founding partner (Brazilian Bar reg. OAB/SP 344.334). Postgraduate in Succession Law (PUC-Campinas) and Business Law (FGV). His practice includes estate planning, holding companies, contracts and business succession. Fluent in English.

Meet Renato Falchet
Frequently asked

Common questions.

Who may make a will in Brazil?

As a rule, a person with discernment at the time of the act and at least 16 years old may make a will. Individual advice remains important to select the form and reduce the risk of a challenge.

May I leave all my assets to anyone I choose?

It depends. If there are forced heirs, half of the estate is the protected share and must be preserved. The other half is generally the disposable portion available for testamentary provisions.

Which form of Brazilian will is the safest?

A public will generally offers greater formality and traceability, but the right choice depends on privacy, personal circumstances and practical feasibility. Lawyers advise on the document; the notarial act itself is performed by the notary office.

Does a will avoid probate in Brazil?

No. A will records testamentary wishes but does not replace the appropriate procedure to identify and formalise the inheritance. Under Brazilian law, the inheritance passes at death; probate organises the rights, distribution and necessary registrations.

May a Brazilian will be amended or revoked?

Generally, yes. Property provisions may be amended or revoked while the testator retains capacity, subject to the legal formalities. Certain declarations are irrevocable: for example, recognition of a child is not undone by revoking the will (article 1.610 of the Civil Code).

Can probate be completed at a notary office if there is a will?

It may be possible, but merely registering or giving effect to the will in court is not enough. Article 12-B of CNJ Resolution 35/2007 requires express court authorisation for the notarial route in a final, unappealable judgment, agreement, legal assistance and its other conditions. Recognition of a child or another irrevocable declaration in the will bars this route. If a minor or a person lacking legal capacity is involved, article 12-A safeguards must also be met.

Would you like to record your wishes clearly?

Tell us about the family and asset context. The initial review identifies the appropriate form and documents without replacing the testator’s personal decision.

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