Protection & Succession

Succession Litigation

When agreement is impossible, succession litigation resolves inheritance disputes in court: who the heirs are, whether a will is valid, whether assets were concealed or the division was unfair. We represent families and heirs in Brazil and Portugal.

When agreement is impossible, succession litigation resolves inheritance disputes in court: who the heirs are, whether a will is valid, whether assets were concealed or the division was unfair. We represent families and heirs in Brazil and Portugal.

How it works

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Legal framework
  • Brazil: succession law in the Civil Code (Law no. 10.406/2002) and procedure under the CPC/2015.
  • Portugal: succession in the Civil Code, with protection of the forced-heirship share.
  • Limitation and lapse periods vary; we always confirm the framework applicable to the case.
In depth
01

The most common disputes

Typical disputes concern the validity of a will (defect of form, incapacity, error, fraud or duress), recognition of heir status (inheritance claim), the concealment of assets and the need to bring lifetime gifts back into the division (collation).

The viability of each action depends on the evidence and, above all, on the limitation and lapse periods — which vary and should be assessed urgently.

02

Litigating and negotiating

Litigation is sometimes unavoidable, but rarely the only path. Many disputes are resolved by agreement, mediation or negotiated division, preserving the estate and family relationships.

Our strategy combines firmness in defending rights with the search for the most efficient solution — because the wear of a prolonged dispute is also a cost to the family.

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Frequently asked questions

Can I challenge a will?

Yes, where there is a defect of form, incapacity, error, fraud, duress or breach of forced heirship. Viability depends on the evidence and the deadlines.

An heir hid estate assets. What can be done?

Court action is possible (for example, concealed-asset and collation claims) to bring the assets back into the division and hold the concealer accountable.

I was left out of the inheritance. Do I have rights?

If you are a protected heir, your forced-heirship share is safeguarded by law. An inheritance claim lets you recover your share. We assess the case and the deadlines.

Can it be resolved without court?

Often yes, by agreement or mediation. Litigation is a tool, not an end — we always seek the most efficient route for the family.

Related topics
International SuccessionProbateWills

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