Wills in Brazil for Foreigners — Testamentary Planning

A Brazilian will (testamento) is the only legal instrument that allows a foreigner to direct the disposition of the 50% freely disposable portion of their Brazilian estate. Without a Brazilian will, 100% of your Brazilian assets pass by intestate succession under CC Arts. 1.829-1.844 — meaning the law, not you, decides who gets what. For Americans and other foreigners with assets in Brazil, a properly drafted Brazilian will is not optional: it is the foundation of any serious estate plan.

Why Do Foreigners Need a Brazilian Will?

A US or UK will does not effectively control Brazilian assets. While LINDB Art. 10 provides that succession is governed by the law of the deceased’s domicile, this rule applies to the substantive succession law — not to the procedural requirement of probate. Brazilian registries, banks, and notaries require a document they can read, verify, and enforce within the Brazilian legal system. A foreign will must be homologated by the STJ (Superior Court of Justice) before it has any effect in Brazil — a process that takes 12-18 months and costs significantly more than simply drafting a Brazilian will in the first place.

More critically, a US will that attempts to dispose of 100% of Brazilian assets will conflict with Brazil’s forced heirship rules. Under CC Art. 1.846, the legitima — 50% of the estate — must pass to compulsory heirs. A US will that ignores this rule will be partially invalidated by the Brazilian judge handling the inventory, creating exactly the chaos you were trying to avoid.

What Are the Types of Brazilian Wills?

Brazilian law under CC Arts. 1.862-1.887 recognizes three ordinary forms of will, plus special forms for emergencies. Each has different formality requirements, costs, and practical implications for foreigners.

Feature	Testamento Publico (Public Will)	Testamento Cerrado (Sealed Will)	Testamento Holografo (Holographic Will)
Where executed	At a tabelionato de notas (notary office)	Drafted privately, then sealed by a notary	Written entirely by hand by the testator
Witnesses required	2 witnesses	2 witnesses (at sealing)	None
Notary involvement	Notary drafts and reads aloud	Notary seals, does not read content	None
Language	Must be in Portuguese	Can be in any language (but notary must understand outer envelope)	Can be in any language
Privacy	Content is public record	Content is private until opened after death	Content is private
Cost	R$500-1,500 (notary fees) + attorney fees	R$300-800 (notary fees) + attorney fees	No notary fees; attorney fees for drafting advice
Risk of invalidity	Very low — notary ensures formalities	Moderate — must follow strict sealing procedures	High — any procedural defect voids the will
Best for foreigners?	Recommended — safest option	Useful for privacy	Not recommended — high invalidity risk
Legal basis	CC Arts. 1.864-1.867	CC Arts. 1.868-1.875	CC Arts. 1.876-1.880

“A Brazilian will is not optional for any foreigner with assets in Brazil. Without one, your US will must be apostilled, translated, and homologated by the STJ — a process that adds 12-18 months and thousands of dollars to probate. A R$1,500 testamento público eliminates this entirely.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

Our recommendation: For virtually all foreign clients, the testamento publico is the correct choice. The notary’s involvement ensures proper formalities are observed, creating a document that is extremely difficult to challenge. The content becomes part of the notary’s records, providing a permanent backup. The cost difference is negligible compared to the security gained.

Do I Need a Brazilian Will If I Have a US Will?

Yes — if you own any assets in Brazil. Here’s why:

1. Enforcement delay: A US will requires STJ homologation before it can be used in Brazilian probate. This adds 12-18 months to the process and costs $5,000-15,000 in legal fees. A Brazilian will can be used immediately.

2. Forced heirship compliance: If your US will distributes your entire estate to your spouse (a common American approach), it directly violates CC Art. 1.846 as applied to Brazilian assets. The Brazilian judge will override the provisions that conflict with forced heirship, leaving your heirs with an uncertain and costly partition.

3. Practical efficiency: Brazilian notaries and property registries process Brazilian wills routinely. A homologated foreign will requires additional explanations, certified translations, and often judicial intervention at the registration stage.

4. The “two-will” strategy works: US and Brazilian law both accept that a person can have multiple wills governing different assets. Your US will controls your US assets; your Brazilian will controls your Brazilian assets. This is the standard approach recommended by cross-border estate practitioners worldwide.

What Is the 50% Rule in Brazilian Wills?

Under CC Art. 1.789, the testator can only dispose freely of 50% of their estate through a will. The other 50% — the legitima — is reserved for compulsory heirs (herdeiros necessarios) as defined in CC Art. 1.845: descendants, ascendants, and the surviving spouse.

What you CAN do with a will:

• Direct the 50% disposable portion to anyone — a friend, charity, business partner, or specific heir
• Specify particular assets that should go to specific heirs (within the 50% limit)
• Appoint a testamenteiro (executor) to administer the estate
• Establish conditions on bequests (e.g., age requirements)
• Create a fideicomisso (a limited Brazilian substitute for trusts)
• Recognize a child born outside marriage
• Disinherit a compulsory heir for cause (CC Arts. 1.962-1.963)

What you CANNOT do with a will:

• Bypass forced heirship for the legitima portion
• Disinherit a compulsory heir without proving statutory grounds
• Completely exclude a surviving spouse from inheritance (their share depends on the marriage regime)
• Create a perpetual trust (Brazil does not recognize Anglo-American trusts)

For a comprehensive explanation of forced heirship, see our forced heirship guide.

How Do You Coordinate Wills Across Borders?

The cross-border will coordination strategy involves drafting separate wills for each jurisdiction where you hold assets, with each will explicitly limited to assets in that jurisdiction. This prevents one will from inadvertently revoking another — a real risk if a US will contains a standard clause revoking “all prior wills.”

Key coordination principles:

1. Jurisdictional limitation clauses: Each will must state that it applies only to assets in the specified country. Your Brazilian will covers “all assets located in the Federative Republic of Brazil.” Your US will covers “all assets located in the United States of America.”

2. Non-revocation clauses: Each will must explicitly state that it does not revoke wills made in other jurisdictions. Without this clause, a later US will may be interpreted as revoking your prior Brazilian will.

3. Consistent provisions: The wills should not contradict each other. If your Brazilian will names your daughter as residuary beneficiary of the disposable portion, your US will should not name a different person for the same role (or vice versa), unless you genuinely intend different distributions.

4. Executor/testamenteiro coordination: Name a Brazilian attorney as testamenteiro for the Brazilian will and a US-based executor for the US will. These individuals need to be able to communicate — ideally through counsel who understands both systems.

5. Simultaneous review: When updating either will, have both reviewed by counsel in both jurisdictions to ensure continued compatibility.

How Do You Create a Brazilian Will as a Foreigner?

Step 1: Identify Your Compulsory Heirs

Map your family structure under Brazilian law. Your compulsory heirs are your descendants (children, grandchildren), ascendants (parents, grandparents), and surviving spouse. Determine how the 50% legitima will be divided among them under the applicable rules.

Step 2: Determine Your Marriage Regime

Your marriage regime affects how much your spouse inherits and whether they inherit alongside your children. Under comunhao parcial de bens (the default regime), the spouse has meacao (a 50% share of community property) and also inherits from the deceased’s separate property. Under separacao total, the spouse has no meacao but may inherit. Get clarity on your regime before drafting. See our community property guide.

Step 3: Decide How to Allocate the Disposable Portion

You have full discretion over 50% of your estate. Common choices include: leaving a larger share to one child, naming a charity, providing for a partner who is not a compulsory heir, or allocating specific assets (e.g., “my apartment in Sao Paulo goes to my son”).

Step 4: Draft the Will with Brazilian Counsel

Your attorney drafts the will in Portuguese, incorporating forced heirship compliance, cross-border coordination clauses, and your specific instructions. The draft is reviewed with you in English before execution.

Step 5: Execute at the Notary (Tabelionato de Notas)

For a testamento publico, you and two witnesses appear at the notary office. The notary reads the will aloud (in Portuguese), and all parties sign. If you do not speak Portuguese, a sworn interpreter must be present. The notary retains the original and issues you certified copies.

Step 6: Register with the Central Will Registry

“The cross-border will coordination strategy is the foundation of every international estate plan I build. Two wills — one Brazilian, one American — with jurisdictional limitation clauses and explicit non-revocation language. Without this coordination, a later US will can inadvertently destroy your Brazilian will.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

The will is registered with the Registro Central de Testamentos (RCTO), ensuring it can be located after your death. This registration is essential — without it, heirs may not know the will exists.

How Much Does a Brazilian Will Cost?

Service	Price Range (USD)	What’s Included
Simple Brazilian will	$1,500 - $3,000	Drafting, notary execution, RCTO registration, forced heirship compliance
Cross-border coordinated wills	$4,000 - $8,000	Brazilian will + coordination with US/UK counsel, non-revocation clauses, executor alignment

Notary fees (emolumentos) are set by each state’s fee schedule and are paid separately. In Sao Paulo, expect R$500-1,500 for a public will depending on the estate value.

Frequently Asked Questions

Can my American spouse inherit my property in Brazil?

Yes. A surviving spouse is a compulsory heir under CC Art. 1.845 and will inherit alongside your descendants under CC Art. 1.829. However, the extent of their inheritance depends on your marriage regime. Under comunhao parcial de bens, the surviving spouse first receives their 50% meacao of community property, then inherits concurrently with descendants from separate property. Under separacao total de bens, the spouse inherits concurrently with descendants from the entire estate. Your American spouse does not need Brazilian citizenship to inherit — they need a CPF and a power of attorney if they are not present in Brazil.

What happens if my US will contradicts my Brazilian will?

The Brazilian judge handling the inventory will apply the Brazilian will to Brazilian assets. If the US will attempts to dispose of Brazilian assets differently, the Brazilian court will disregard those provisions and follow the Brazilian will (plus mandatory forced heirship rules). The real risk is if a later US will contains a blanket revocation clause (“I revoke all prior wills”) — this could be interpreted as revoking the Brazilian will. Proper cross-border coordination prevents this with explicit non-revocation language.

Can I disinherit one of my children in Brazil?

Only for cause, and the grounds are narrow. CC Art. 1.962 lists exhaustive reasons for disinheritance: physical violence against the testator, serious insult, illicit relations with the testator’s spouse, and abandonment. You must state the specific ground in the will, and the disinherited heir can challenge it in court. If the challenge succeeds, the heir receives their full legitima share. You cannot disinherit a child simply because you wish to leave your estate to another child or to a charity.

How often should I update my Brazilian will?

Review your Brazilian will whenever you experience a major life event: marriage, divorce, birth of a child, acquisition or sale of significant Brazilian assets, or change in tax residency. Also review it when there are major legislative changes — LC 227/2026 significantly changed ITCMD calculations, which may affect your tax-planning provisions. At minimum, review every 3-5 years even without triggering events.

What happens if I die without a Brazilian will?

Your Brazilian assets pass by intestate succession under CC Arts. 1.829-1.844. Your compulsory heirs inherit in the order prescribed by law: first descendants and spouse concurrently; if no descendants, then ascendants and spouse; if no ascendants, then the spouse alone; if no spouse, then collateral relatives up to the 4th degree. You lose all control over the 50% disposable portion — it is divided equally among the same heirs rather than directed by your wishes. See our inheritance law guide for the complete order of succession.

Why ZS Advogados for Your Brazilian Will?

Drafting a Brazilian will for a foreigner requires more than translating your wishes into Portuguese. It requires understanding forced heirship math, marriage regime implications, cross-border revocation risks, and the practical formalities that notaries enforce. Zachariah Zagol — the first American admitted to the Brazilian Bar (OAB/SP 351.356), with an LL.M. from USC Gould — has drafted and executed Brazilian wills for American, British, and European clients throughout Sao Paulo state. He conducts the entire process in English, accompanies you to the notary, and ensures your Brazilian will integrates smoothly with your existing estate plan in other jurisdictions.

Schedule your will consultation or explore our estate planning pillar page for the full picture.