Making a will in Brazil safely and without loopholes
Putting your wishes in writing is a way of caring for those who stay. Drafted with technical care, a will reduces doubt, organizes the estate and protects those who need protection.
A will is the document in which a person decides how part of their estate will pass after death and records other choices, such as appointing a guardian. Anyone with forced heirs may freely dispose of half of their assets. The lawyer chooses the right form, drafts the clauses and reduces the risk of defects that would open disputes.
Making a will in Brazil is simpler than it seems, and the care lies in the details. The Civil Code (Law 10.406/2002, which governs inheritance in Brazil) allows three ordinary forms: the public will, drawn up by a notary, the sealed will and the private will (art. 1.862). Each has its own requirements, and missing one can invalidate the entire document.
Without a will, the law divides the estate according to a fixed order (art. 1.829) that does not always reflect the family's reality. With one, it is possible to leave the disposable portion to whoever you wish, protect a child with a disability, acknowledge a child, appoint a guardian for minors and add clauses that protect the assets. Anyone with descendants, ascendants or a spouse must preserve the forced share, known as the legítima, which corresponds to half of the estate (arts. 1.845 and 1.846).
We treat a will as part of a broader plan, not as an isolated document. Before drafting, we understand the family, the marital property regime and the assets, and check whether a will, a gift or a corporate structure best serves each goal.
When to call a lawyer
Blended family
Children from different relationships, stepchildren raised as one's own or a partner in an unregistered union. A will clarifies your wishes and narrows the room for dispute.
Someone who needs protection
A child with a disability, an heir who struggles with money management or a dependent older relative. Management and usufruct clauses help protect without unbalancing the division.
Wanting to benefit someone specific
A close friend, an institution or the heir who provided the most care. The disposable portion of the estate can be left by will, within legal limits.
An old will or one made without advice
Changes in assets, marriage, the birth of children or a new law can make the document unsuitable. Periodic review avoids effects the testator did not intend.
What happens when you put it off
- Without a will, the estate follows only the legal order, even when it does not match what the person wanted.
- A will with a formal defect can be annulled, and the recorded wishes lose effect.
- Provisions that encroach on the forced heirs' share are reduced and often lead to family litigation.
- Vulnerable people are left without protective clauses and exposed to third-party decisions about the assets they received.
How we work
Listening and mapping
We talk about the family, the assets and the goals, in confidence. We identify forced heirs, the marital property regime and the limit of the disposable portion.
Choosing the instrument
We assess whether a will is the best tool or should be combined with gifts, life insurance, private pension plans or a corporate structure.
Drafting the clauses
We draft bequests, the appointment of an executor and, when justified, clauses of inalienability, unseizability and non-communicability, which require a stated just cause when they burden the forced share (Civil Code, art. 1.848).
Execution
We attend the signing at the notary's office for a public will, or guide the formalities of a sealed or private will, including the required witnesses.
Review and enforcement
We review the will when the family or the assets change and, after death, handle the court opening and enforcement of the will and the probate.
What you receive
- Assessment of the family, the forced heirs and the disposable portion
- Recommendation of the most suitable form of will for the case
- Complete draft will, reviewed with the client clause by clause
- Support at the notary's office and guidance for the witnesses
- Plan for periodic review and for enforcement after death
Why the firm
Confidentiality and listening
A will involves intimate decisions. Our service is discreet and starts by understanding the family's story, not by filling in a form.
The whole picture
The will is designed together with the marital property regime, gifts and shareholdings, so that one instrument does not contradict another.
Drafting that anticipates the future
We provide for substitutes, assets acquired later and management rules, so the document remains useful over time.
Illustrative scenario
Hypothetical scenario, for illustration only. A businessman in his second marriage has children from his first marriage and a daughter from the current one, who has a disability. He wants to secure care for his daughter without harming the others. The team checks the marital property regime, calculates the disposable portion and proposes a public will that leaves part of it to the daughter, with a clause placing its management with a trusted person, and appoints an executor. The will is executed at a notary's office with the required witnesses and reviewed whenever the assets change. Its effect depends on each family's circumstances and on compliance with legal formalities.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
What does making a will in Brazil at a notary's office involve?
Making a will in Brazil at a notary's office means stating your wishes to the notary, who draws up the public will and reads it aloud in the presence of two witnesses, under article 1.864 of the Civil Code. Bringing a draft prepared with a lawyer avoids ambiguous clauses or clauses that encroach on the forced share.
Is a private will valid in Brazil?
Yes, if it meets the requirements of article 1.876 of the Civil Code: it must be written by the testator, by hand or mechanically, and read and signed in the presence of at least three witnesses, who also sign. After death, it must be confirmed in court, which makes it more open to challenge than a public will.
Can I disinherit a child in my will?
Only in the narrow cases set out in law, with the cause stated in the will and proven after death. The rules are in articles 1.961 to 1.965 of the Civil Code and include, for example, physical assault and serious insult. An ordinary disagreement is not enough.
How much does it cost to make a will in Brazil?
The cost combines notary fees, set by a state table, and the fees of the lawyer who prepares the document. The amount varies with the form chosen and the complexity of the clauses. The quote is provided after the first conversation, once form and content are defined.
Can a will be changed or revoked?
Yes, at any time, because a will is a personal and revocable act (Civil Code, art. 1.858). Revocation is made by a new will, in any of the forms in which a will can be made (art. 1.969). That is why reviewing the document after family changes is good practice.
If there is a will, can probate be done at a notary's office?
Yes, in the cases allowed by CNJ Resolution 35/2007 (national rules for notaries), as amended by CNJ Resolution 571/2024. As a rule, the will must first go through the court procedure for its opening and enforcement, and the interested parties must agree. Without consensus, probate proceeds in court.
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Want to make your wishes clear?
A confidential conversation is enough to understand what a will can resolve in your family and which form is suitable.