Estate Planning in Brazil for Foreigners

Estate planning is not a pleasant thing to think about. It means making plans for the people you love, for a time none of us wants to picture. But that time comes for everyone, and planning ahead spares your family a great deal of stress. If you leave no plan for your assets, your family is left guessing at your intentions, and too often they end up in court. When your estate includes assets in Brazil, it is especially unwise to start too late, because Brazil’s rules are not the ones you are used to at home.

Reviewed by Luciano Oliveira, Esq., LL.M — licensed in Brazil, Texas, and California. Last reviewed June 2026.

This page is general information, not legal advice, and reading it tells you nothing definitive about your own situation. A formal consultation with a licensed Brazilian attorney is the only way to know what your plan should contain.

Why estate planning in Brazil is its own problem

Foreigners are often surprised to learn that the documents they signed at home do not simply carry over. A US or European will does not, by itself, transfer Brazilian real estate; it has to be apostilled, sworn-translated, and confirmed in a Brazilian process first. A US-style “durable” power of attorney has no equivalent here and ends at death or incapacity. And Brazilian law reserves half of an estate for close family (the legitima), so you cannot freely dispose of everything by will. Planning for your Brazilian assets means planning under Brazilian rules, which is exactly what this part of our practice is for.

The documents worth putting in place

A complete plan for someone with Brazilian ties usually involves several instruments, each doing a distinct job. These are the ones we help foreigners put in place:

• Last will and testament — a Brazilian will for your Brazilian assets, drafted to respect forced heirship and to avoid conflict with your foreign will.
• Financial power of attorney — a procuracao so someone can act on your Brazilian property and accounts, drafted in the form the act requires.
• Medical power of attorney — naming who decides your care if you cannot.
• Living will — recording the care you would want or refuse.

For families who want to plan proactively during their lifetime, through donations, holding structures, and tax-aware timing, our lifetime estate planning work goes a layer deeper.

Estate planning is not probate

It helps to separate two things people often blur. Estate planning is the work you do before death — wills, powers of attorney, advance directives, gifting — to make your wishes clear and enforceable. Probate is what happens after: the Brazilian inventario that actually transfers assets to heirs. They connect, but they are different jobs. If you are dealing with an estate after someone has passed, our inheritance and probate practice is the right starting point.

How we help

We are dual-qualified and work in fluent English, and we coordinate with your advisors at home so your Brazilian plan and your foreign plan fit together instead of fighting each other. We assess what your Brazilian assets actually need, draft the instruments in the correct Brazilian form, and handle the notary and registration. We do not promise a particular tax result or that every future dispute can be avoided; what we do is build a plan that is clear, valid under Brazilian law, and ready when your family needs it.

Book a consultation with a Brazilian attorney

This article is general information only. It is not legal advice, it does not create an attorney-client relationship, and it is not a promise of any particular result. What your plan should contain depends on your facts, which we would review with you directly.

Frequently asked questions

Do I need a separate estate plan for my Brazilian assets?
Usually yes. Foreign wills and powers of attorney do not automatically operate on Brazilian assets, and Brazil’s forced-heirship rules constrain what you can do, so a Brazil-specific plan is worth having.

What documents does a Brazilian estate plan include?
Commonly a Brazilian will, a financial power of attorney, and advance directives (a medical power of attorney and a living will); lifetime tools like donations and holding structures may also fit.

Is estate planning the same as probate?
No. Planning happens before death to set out your wishes; probate (inventario) happens after, to transfer assets. We handle both, on separate pages.

Can you work with my lawyer or advisor at home?
Yes. Cross-border coordination is part of the job, so your Brazilian and foreign plans are consistent.

Related: Making a Will in Brazil · Financial Power of Attorney · Medical Power of Attorney · Living Will · Lifetime Estate Planning · Inheritance & Probate