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Search for Wills in Brazil - We can Help

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It’s never easy to lose someone that you care about. When your loved one passes, it’s important to respect their will and distribute their assets according to their wishes. But that may be difficult for you to do if the will is located in Brazil.

Oliveria Lawyers can help you with this. We’re able to search for will throughout Brazil on your behalf. If your loved one has a will somewhere in the country, we’ll be able to find it for you and procure an official copy of it.

Keep reading to learn more about what this process looks like.

You can also read a Portuguese version of this page here.

Why You May Need to Search for a Will in Brazil

If your loved one passes away and leaves a will in Brazil, then you’re going to want to have a copy of it for a few reasons.

First, you want to make sure that you’re respecting their wishes. If a family member has a Brazillian will that dictates how their assets should be distributed when they’re gone, you owe it to their memory to follow that will’s instructions.

Second, wills are the easiest way to solve family disputes involving asset distribution after someone’s death.

For example, if two of the deceased’s children both want the same property, looking at who the will gives that property to is the simplest way to make a decision without escalating the issue.

You may also not know whether a family member who spent time living in Brazil has a will in the country or not. It’s worth hiring a company that can tell you one way or the other with certainty so that you don’t spend the rest of your life wondering.

The Process of Finding a Brazillian Will

Finding a will in Brazil requires careful searching through will registries in the states where the person lived. It’s challenging to do this if you don’t speak the language yourself or live in Brazil currently.

If you really want to make sure that you find whatever is out there, then hiring a company that specializes in Brazil will procurement is the way to go.

It’s also worth mentioning here that Oliviera Lawyers can help you find wills from Brazillian nationals and citizens from every other country. So even if your loved one just spent some time living in Brazil, we can let you know whether they ever filed a will here or not.

Common Questions About Searching for Wills in Brazil

Are Brazilian wills valid in the United States and other countries?

Yes, the United States is lenient about foreign wills. Even if the will is missing some components, courts will typically do all that they can to ensure that its decrees are followed.

The only situation in which a foreign will may not be valid in the United States is if there was something truly unorthodox about it, such as inconsistent statements or a lack of proof that it came from the person in question.

Many other countries will also recognize a validly executed will in Brazil even if the testator is a foreign citizen.

Can foreigners inherit property owned in Brazil?

Foreigners are able to inherit property in most parts of Brazil. But there are some areas of the country where the national government prohibits foreigners from owning property. This includes some coastal and frontier areas, as well as parts of the country that have national security relevance.

If you inherit property in one of these areas, then you will need to sell it. But the good news is that the Brazillian government doesn’t place any time limit on doing so. You can take as long as you need to do this.

Can you inherit debt in Brazil?

Yes, the inheritance process in Brazil covers both assets and debt, just like it does in the United States. But don’t worry, you won’t owe money. You’ll just have to use your loved one’s assets to pay off any debts they had when they died. Then you’ll get whatever is leftover after doing so. And, if the assets are not enough to cover the debt, you can renounce the inheritance with the help of a licensed Brazilian attorney.

What is the inheritance tax in Brazil?

The inheritance tax in Brazil is based on what you received from your loved one and your location. That being said, the federal government has set a maximum estate tax of 8%, so it won’t be any higher than this.

Can you also provide Apostille?

Yes, we know that some countries will only accept a document issued in Brazil if it is presented along with an Apostille. An Apostille may be provided upon request at an additional charge.

What if I have more questions?

Oliveira Lawyers can answer any question that you have about searching for wills in Brazil. Get in touch with us if you’d like to learn more about how we can help.