Will (Testament)
What is it?
Testament is the act by which the person declares his will to the notary after his death. The will can be used for equity and non-equity provisions.
Whoever has necessary heirs (children, grandchildren, parents, grandparents, husband or wife) should reserve the legitimate (half of the assets) provided for by the law but will be able to dispose, by will, of the available part of their assets (the other half).
Attention: did you know that many disputes can be avoided by means of succession planning done through a will?
What are the requirements of the public will?
The public will, is a very personal act that must be done in person by the interested party before a notary public.
Anyone over the age of 16, who is in full capacity and able to express his/her will before the notarial officer can make a public will.
The law requires the presence of 2 (two) witnesses for the act, who cannot be related to the testator or the beneficiary.
Attention: The public iwll, unlike the private will, is the safest because it is filed in the notary public log book, and its existence is registered in the Central Testament Register (RCTO), a member of CENSEC, which is mandatorily consulted to process judicial inventories or draw public deed inventories.
The inventory may be drawn up in a notary public office when there is a will, if all interested parties are able and agree, in the following cases: (a) with the express authorization of the competent succession court, in the records of the will and opening procedure;
and (b) in the case of revoked lapsed or declared invalid due to a final an unappelable judicial decison. If there is provision in the will recognizing a child or any other irrevocable declaration the writing of the deed is prohibited and the inventory must be made in court (Provision CGJ No. 37 / 2016).
Is it possible to change the content of a will?
A will can be modified or revoked by the testator, in whole or in part, at any time, by means of another will.
Attention: The clause for recognizing a child in a will is irrevocable.
What is a closed will?
A close or secret will, is one written and signed by the testator himself and approved by the notary, in the presence of 2 (two) witnesses.
Attention: In case of loss of the closed will or rupture of the seal, it cannot be fulfilled, since it is not filed in the notary's books or in the Register of Wills (RCTO).
What is a "living will"?
DAV (Anticipated Directives of Will), also known as living will, is an instrument that allows the patient, in advance to express his will regarding the guidelines of a future medical treatment, in case he is unable to manifest his will due to an accident or serious illness. For example, by means of this document it is possible to determine that the person does not wish to undergo treatment to proling life artificially, at the expense of suffering, or even to make it clear that he refuses to receive blood transfusion in the event of an accident or surgery.
Actually, it is not a will but a public deed of declaration, because the will only takes effect after the testator's death.
- Solidary Legacy
Did you know that your heritage can contribute to making the world a better place?
Through the Solidarity Legacy project, created by the Colégio Notarial do Brasil – São Paulo Section (CNB / SP), you can make a public will and leave a legacy of any value to help those in need.
AACD, Instituto Ayrton Senna, GRAACC, Abrale, Greenpeace, the NGO Instituto Oncoguia, Santa Casa de São Paulo, the Community “Comunidade de Amor Rainha da Paz”, the Imaculado Coração de Maria e Santa Terezinha do Menino Jesus, the Hospital de Amor de Barretos, among others, are institutions that support this project.
To learn more about this Project, visit: www.legadosolidario.com.br