Protection & Succession

Wills

A will is the instrument by which a person organises their succession and sets out their wishes over their assets. Done well, it avoids conflict, respects the forced-heirship share of protected heirs and, in an international context, allows the applicable law to be chosen.

A will is the instrument by which a person organises their succession and sets out their wishes over their assets. Done well, it avoids conflict, respects the forced-heirship share of protected heirs and, in an international context, allows the applicable law to be chosen.

How it works

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Legal framework
  • Brazil: public, sealed or holographic will (Civil Code, Law no. 10.406/2002).
  • Portugal: public or sealed will, and protection of the forced-heirship share (Civil Code).
  • EU Regulation no. 650/2012 allows choosing the law of nationality in the will. We always confirm the formal requirements.
In depth
01

Types of will

In Brazil, the Civil Code (Law no. 10.406/2002) provides the public will (drawn up at a notary), the sealed will (written and approved by the notary) and the holographic will (written by the person, with witnesses). In Portugal, the Civil Code provides the public and the sealed will.

Each type has its own formal requirements. A defect of form can invalidate the will — which is why careful drafting is essential.

02

How far the will can go

The testator's wishes have a limit: forced heirship, reserved to protected heirs. Only the disposable share can be freely allocated. Planning means distributing that share well and, where useful, combining the will with lifetime gifts and structures.

In an international context, the will can include the choice of the law of nationality (EU Regulation 650/2012), a powerful tool to align the succession with the family's goals.

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Frequently asked questions

Can I leave everything to whomever I want?

Not always. Forced heirship reserves a share to certain heirs; only the disposable part can be freely allocated by will.

Is a will made in one country valid in another?

It can be, but there are rules on form and applicable law. In an international context, we coordinate wills across jurisdictions.

Which type of will is best?

It depends on the estate, the desired privacy and legal certainty. The public will is the most used for its security; we assess what is best for your case.

Do I need to update my will?

Yes, whenever the family, the estate or the country of residence changes. An outdated will can create the very conflicts it was meant to prevent.

Related topics
International SuccessionProbateSuccession Litigation

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