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Brazil Wills

Property in Brazil is proving a popular choice for foreign investors but are you one of the thousands of investors who have not given a Brazilian Will a second thought For the sake of your dependents make it a priority.

Brazilian Law affects all property owners in Brazil, including foreigners, although, at present a Brazilian court applies the personal laws in favour of the country to where a deceased person lived. It is important though to recognise that a Brazilian court can exercise its authority in conducting all the estate proceedings, and also to distribute the deceased's assets located in Brazil.

Owners of foreign property in Brazil are strongly encouraged to make a local Will in Brazil. Consider this scenario of not making a local Will in Brazil:

If a conflict occurs about which law actually applies, the judge in the country that the estate is located, and in this case Brazil, will make the decision as to which law applies. Note: Inheritance cases in Brazil can take a minimum of 6 months to resolve and some have been known to last for several years. In addition your dependents will have no legal contact in Brazil to support them through any potential crisis!

Now consider this scenario: By spending a few extra euros you can have a legal local Brazilian Will established by reputable and experienced Brazilian lawyers, and, most importantly your dependents have a reliable "local point of contact" leaving you with complete peace of mind. If you purchase a property in Brazil and your death occurs without having made a legal local Brazilian Will, and, if the court decides not to recognise your Will made in your country of residence, then, under Brazilian law, portions of the estate will go to the necessary heirs. If you proceed with making a local Brazilian Will, while you are alive it allows you to plan your succession, it helps to avoid any disputes after death and it avoids any unnecessary cause for concern to your dependents with regards to proving their rightful legal inheritance.

OverseasWills works with established and local reputable Brazilian lawyers. We can provide guidance and a streamline process from start to finish, leaving you with that all important document to leave to your dependents.

Main rule of thumb: By contacting Overseas Wills, we can advise you via established Brazilian lawyers in the preparation of the Will, and most importantly, reputable Brazilian Lawyers will support you when next visiting Brazil, either when inspecting property or after purchase.