Frequently Asked Questions
What does German-Brazilian inheritance law mean?
This refers to all inheritance cases involving Germany and Brazil. This includes, for example, German heirs with an estate in Brazil or Brazilian heirs with assets in Germany. Often, both legal systems apply, which can lead to problems without specialized advice.
Which law applies to an inheritance involving Brazil?
This usually depends on the decedent’s last habitual residence and last domicile. Under the EU Succession Regulation, the law of the country in which the decedent last resided generally applies. In Brazil, however, national regulations apply. This often results in what is known as “succession splitting,” that is, the application of different legal systems to a single estate.
Is my German will valid in Brazil?
A will drawn up in Germany can generally be recognized in Brazil if it meets the formal requirements. The key factors are that it is valid under German law and that the Brazilian authorities accept its content. Following a death, the following is required for probate proceedings in Brazil:
a certified copy of the will bearing an apostille,
a certified translation into Portuguese,
as well as, in some cases, judicial approval (homologação).
Important: Even if a will is valid, its contents may be interpreted quite differently in Brazil—for example, due to the disinheritance of a person entitled to a statutory share or the existence of a common-law marriage (União Estável). Anyone with assets in both countries should therefore urgently draw up one—or, if necessary, several—internationally coordinated wills that are valid and legally enforceable in both Germany and Brazil.
How does intestate succession work in Brazil?
In Brazil, the order of statutory succession is governed by the Código Civil (Brazilian Civil Code). As a general rule:
Descendants (children, grandchildren) inherit first and in equal shares.
A spouse or partner in a “União Estável” is entitled to an inheritance—the share depends on the agreed-upon matrimonial property regime.
If there are no descendants, the parents or other ancestors inherit along with the surviving spouse.
If there are no close relatives, siblings, aunts, uncles, and cousins become heirs.
If there are no relatives, the estate goes to the state.
Do disinherited relatives also have a right to a compulsory share in Brazil?
Yes. Under Brazilian inheritance law, close relatives are entitled to a mandatory share (legítima). This amounts to at least 50 percent of the entire estate and cannot be waived by a will.
In particular, the following persons are entitled to a statutory share:
Children (including adopted and illegitimate children),
the spouse or partner in a “unión estable,”
In certain cases, the parents as well, if there are no children.
If a testator in Brazil attempts to exclude his or her children or spouse from the will, this is invalid; they are entitled to their statutory share. The testator may freely dispose of only the remaining 50 percent.
Important: The details of Brazilian law regarding the reserved share differ significantly from those of German law. As a result, complex overlaps often arise in international inheritance cases.
How does the probate process work in Brazil?
In Brazil, an “inventário” is required for every inheritance. Only through this process can real estate or bank accounts be transferred to the heirs.
There are two ways to do this:
Through the courts, if there is a dispute or if minor heirs are involved.
Through a notary, if everyone is of legal age and in agreement—it's faster and less expensive.
Procedure: Submission of documents, preparation of the estate inventory, valuation, payment of the ITCMD inheritance tax, and final distribution. Please note that, as a general rule, estate assets located abroad are also subject to German inheritance tax.
When should you consult an attorney who specializes in both legal systems?
A specialized attorney is always important whenever an inheritance case involves both Germany and Brazil—whether due to real estate, bank accounts, residence, or heirs in both countries. Interdisciplinary advice is also essential when it comes to wills, statutory inheritance rights, or estate settlement (Inventário). This helps you avoid duplicate proceedings, unnecessary costs, and protracted disputes.