Making a Will in Brazil: A Foreigner’s Guide to Last Wills and Testaments
If you own property or hold assets in Brazil, a common and costly assumption is that the will you signed back home already takes care of them. A foreign will may be relevant, but it does not transfer Brazilian assets on its own.
This page explains, in plain English, how a will works in Brazil and what a foreigner should actually do. The applicable succession law, the will’s formal validity, and the Brazilian administration process must be assessed separately.
This page is general information, not legal advice. Nothing here tells you what will happen in your own estate; only a consultation with a licensed Brazilian attorney, reviewing your specific facts, can do that.
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Does your foreign will cover your Brazilian assets?
This is the first question, and the answer surprises people. As a general rule, Brazilian law says succession follows the law of the deceased’s last domicile.
There is a protective exception for a foreign deceased person’s assets located in Brazil: Brazilian law applies for the benefit of a Brazilian spouse or Brazilian children, or their representatives, unless the deceased’s personal law is more favorable to them.
Applicable law and local administration are different questions. Brazilian authorities have exclusive jurisdiction over the inventory and partition of assets located in Brazil, even when the deceased lived abroad. A foreign will does not replace the Brazilian steps needed to administer and transfer those assets.
A foreign will used here may require authentication, sworn translation and judicial steps. The requirements depend on the document, its origin and any foreign proceedings; apostille is not a universal checklist for every case. See our international estate planning guide for coordination across countries.
The three kinds of Brazilian will
Brazil recognizes three ordinary forms of will, and the choice matters more than most people expect:
Public will (testamento público)
Made before a notary, this is often a practical choice for foreigners. The notary records the testator’s declarations, reads the instrument in the required manner before two witnesses, and completes the required signatures.
Notarial recording is not immunity from challenge. It helps preserve evidence and locate the instrument, but the family should know where to obtain a copy. After death, a public will still goes through a judicial compliance procedure; it does not bypass all court involvement.
A non-Portuguese speaker should arrange language support with the notary in advance. The notary must confirm the appropriate interpreter and execution requirements for the person’s circumstances.
Sealed will (testamento cerrado)
Written privately, then sealed and approved by a notary; the contents stay secret. Its execution, custody and opening require care. Damage or defects can raise validity issues, which require legal assessment rather than an automatic assumption that every defect voids the will.
Private will (testamento particular)
Ordinarily read and signed before at least three witnesses, a private will must be judicially confirmed after death. Witness evidence is important, so locating the witnesses can become a practical problem. Exceptional forms have specific statutory conditions and should not be treated as routine alternatives.
Different execution and post-death requirements—not a ranking of guaranteed outcomes.
Ordinary forms summarized. Individual circumstances and statutory exceptions need review.
The half you cannot give away: forced heirship
Where Brazilian succession law applies and there are necessary heirs, Brazil does not allow complete freedom to distribute your estate. Certain relatives — descendants, ascendants, and, under current law, the surviving spouse — are “necessary heirs,” and the law reserves half of the estate for them (the legítima).
In that situation, you may freely direct only the other half by will. A wish to leave everything to a new spouse, or nothing to a particular child, generally cannot override that reserved half. Statutory exclusion or disinheritance requires a separate legal analysis.
A well-drafted will works within this: it allocates the disposable half and clarifies the rest to head off conflict. First identify which assets belong to the estate. A spouse’s own marital-property share (meação) is distinct from inheritance; half of the estate does not necessarily mean half of every jointly held asset.
Family relationships, marital or partnership status, debts and relevant lifetime gifts can affect the calculation. For the wider planning options, see lifetime estate planning.
Who can sign, and can the will be changed?
A will is a personal act: an attorney-in-fact cannot make it for you. Brazilian law permits testamentary acts from age sixteen, subject to the required discernment at execution. Language, reading, hearing or signing needs should be discussed before choosing the form and arranging the appointment.
A will is generally revocable. Review it after a marriage, separation, birth, death, major acquisition or move between countries. A later document may revoke all or part of an earlier will, so changes need the same coordination as the original plan.
One will, or two?
For someone with assets in more than one country, we may suggest a separate Brazilian will covering only the Brazilian assets. Whether that is preferable depends on the existing documents, applicable law and administration needs.
Drafted in Portuguese before a Brazilian notary, it can reduce the need to authenticate and translate a foreign will for use here. It may also help coordinate Brazilian and foreign administration, but it does not eliminate probate or guarantee a timetable.
The trap to avoid is a blanket “this revokes all prior wills” clause in either document, which can accidentally cancel the other — which is exactly why the two should be coordinated between your counsel in each country.
Define asset scope and revocation together. Counsel should compare the wills with beneficiary designations, ownership structures and any foreign trust. A Brazilian will should not unintentionally disturb the rest of your plan.
Two wills should work as one coordinated plan.
After death, administration and asset-transfer steps remain necessary.
How we help with your Brazilian will
1. Review your assets and existing arrangements
We work in fluent English and coordinate with your advisors at home. We assess whether your current arrangements actually reach your Brazilian assets. A senior bilingual attorney reviews your wishes, family circumstances, existing wills and the issues requiring coordination abroad.
2. Draft and coordinate the documents
We draft a Brazilian will (usually a public will) that respects the legítima where applicable and says what you want it to say. We coordinate scope and revocation provisions with your other counsel and explain the proposed allocation before signing.
3. Arrange execution and future access
We handle the notary and registration arrangements within the agreed engagement. We confirm document, witness and language requirements and explain how the instrument can be located later. The scope and professional fees are agreed in writing.
When the time comes, we can also run the inventário under a separate engagement. We do not promise a particular tax result or that every dispute can be avoided; what we do is set the estate up so your wishes are clear and enforceable as far as Brazilian law allows.
Book a consultation with a Brazilian attorney to discuss your wishes, existing documents and Brazilian assets before signing a new will.
A will guides succession; it does not replace probate
A will does not skip Brazil probate. It can clarify wishes and reduce uncertainty, but it does not guarantee a faster or less contentious inventário.
A will does not automatically require the entire inventory to remain in court. Notarial probate may be available when the CNJ requirements are satisfied, including final express judicial authorization in the valid will’s opening and compliance proceedings. Counsel must assess the full conditions and the will’s contents.
Our probate process guide explains the administration stages. The inheritance tax and fees guide addresses tax and cost questions; signing a will does not itself remove ITCMD or administration costs.
This article is general information only. It is not legal advice, it creates no attorney-client relationship, and it is not a guarantee of any result. What is right for your estate depends on your facts, which we would review with you directly.
Frequently asked questions
Do I need a Brazilian will if I already have one abroad?
Not necessarily. A foreign will does not transfer Brazilian property by itself. A separate Brazilian will may simplify document use here, but the choice depends on your assets, family and existing arrangements. Coordinate both documents before signing.
Can I leave my Brazilian property to whomever I want?
Where Brazilian succession law applies and there are necessary heirs, half of the estate is reserved for them. You may freely dispose of the other half by will. The applicable law and estate calculation must be checked first.
Which type of Brazilian will is best for a foreigner?
For many foreigners, the public will is a practical option because it is executed and recorded before a notary. It is still open to challenge and requires a judicial compliance step after death. The right form depends on your circumstances.
What happens to my Brazilian assets if I die without a will?
They pass under the applicable intestate succession rules through the required Brazilian administration process. A will does not avoid the inventário, but it clarifies your wishes and can reduce conflict and delay.
Related: Estate Planning in Brazil for Foreigners · Financial Power of Attorney in Brazil · Inheritance & Probate in Brazil
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