The will is a crucial legal document that ensures a person’s wishes for the division of their assets upon their death.
It offers clarity in legal matters, minimizes family disputes, and enables clear and objective asset distribution.
Lawyers need to have a good understanding of the different types of wills and the process of creating them in order to offer effective assistance to their clients.
This article will cover essential details about creating a will, including different types, legal prerequisites, and practical advice for attorneys.
Successive Planning: Definition, Implementation, and Practical Advice
What does Testament mean?
The will is an individual and unilateral legal document where the testator indicates their wishes regarding the distribution of their assets and other personal matters to be carried out after their passing.
Compliance with the legal formalities is essential for the validity of the test to be respected.
Family Holding: Definition, operation, and implementation
Who is eligible to create a will?
Anyone who is at least 16 years old, mentally competent, and able to clearly communicate their wishes can create a will.
The lawyer should emphasize the importance of the person being fully mentally capable during the testing process, as any uncertainty about their capacity could impact the document’s validity.
What kinds of Testaments exist?
In Brazil, the Civil Code outlines three primary categories of wills: public, closed, and private.
Each lawyer must adhere to the specific requirements during customer guidance.
Public information
- The process involves a tabeli drafting the document at the registry office and reading it aloud with two witnesses present. The person making the will must express their intentions clearly, and the tabeli records the details in the registry office’s record book.
- Greater legal certainty, challenging dispute resolution, and secure official storage are benefits.
- Ideal for situations that necessitate increased promotion and oversight.
A Particular Will
- The process involves the tester or someone else presenting the document to the notary at the registration office, where it is sealed and signed in front of two witnesses without disclosing its content.
- Ensures increased privacy.
- Indicated for individuals seeking content confidentiality.
- If the seal is broken or the document is not formalized in front of the notary and witnesses, the will becomes invalid.
Private will
- The process involves the tester writing and signing the document in front of three witnesses, who also sign it. Following the tester’s passing, the witnesses must verify the document’s authenticity in court for it to be approved.
- Advantages: It is the easiest and most cost-effective option.
- Use in cases where there is limited access to registries or notaries.
The Civil Code also includes provisions for Special Testaments for seamen, aeronautics personnel, and the military (Articles 1.886 to 1.896).
Creating a Will: A Detailed Guide for Legal Professionals
Preparing a will involves focusing on the specifics to guarantee its legality and adherence to the law.
As a lawyer, you have a crucial role in assisting the client through the entire process. Here are the key steps to consider:
Consultation and strategic planning
Understand the client’s objectives and outline the principles that will direct their decisions.
Actions: carried out
- Conduct a thorough discussion during the first meeting to grasp the client’s goals, their family structure, and financial situation.
- Identify all assets that form part of the property, such as real estate, bank accounts, investments, and movable assets.
- Identifying required beneficiaries involves assessing if there is a spouse, children, or parents present and determining the portion of the estate that can be distributed freely.
Type of will selection
- Public information
- Certain will
- Private will
Actions: Deeds or activities.
- Describe the features of every mode, emphasizing their pros and cons.
- Encourage customers to select the most suitable option based on their needs and preferred level of privacy.
Testament Document Creation
To create a document that is clear, objective, and legally enforceable.
Actions: Deeds or activities undertaken.
- Patrimonial provisions involve providing detailed information about assets, correctly identifying recipients and the shares allocated to them.
- If the tester wants to set terms for using the products, they should clearly document them.
- Ensure the text follows the law when writing.
Avoid creating conflicting ambiguities or provisions to prevent future uncertainties.
Observers
Legal obligations.
- A Public Testament necessitates the attendance of two witnesses.
- Closed will: needs two witnesses present for validation.
- A specific will necessitates three witnesses to sign the document.
Actions:
- Make sure that witnesses are of legal age, appropriate, and not beneficiaries of the will.
- Direct witnesses to their duties.
Registration and Keeping Records
Office registration.
- A public will is recorded directly at the office.
- Closed Testament: should be submitted and sealed in the office upon submission.
- Guide the client to store the Private Testament in a secure location and notify a trusted individual of its presence. Additionally, advise sharing a copy of the will with their lawyer.
Central Testaments Registry
- Discuss the option of registering the will in the RCT to make it easier to find after the individual’s passing.
Creating a will involves thorough planning and legal expertise. Lawyers play a crucial role in ensuring that the wishes of the testator are upheld.
Practical advice for attorneys: Testament
Explore further recommendations for enhancing your legal approach when preparing and analyzing wills.
- Ensure that the rightful share of the estate (50%) is set aside for the required beneficiaries, including descendants, ascendants, and spouse, in accordance with the Civil Code.
- Explain the potential tax consequences, such as ITCMD (Imposed on Mortis Cause Transmission and Donation), to prevent any unexpected situations later on.
- Draft precise and detailed clauses to prevent misunderstandings or omissions that could lead to legal disputes.
- Consider adding clauses of non-transferability, non-alienation, and non-seizure to safeguard the assets of the beneficiaries.
- Guide the client to regularly review the will, particularly in situations involving changes in marital status, the birth of children, or the acquisition of new assets.
- Clearly explain to the client the effects of the will on the beneficiaries and the significance of each provision to foster openness and confidence.
Model for a Private Will
See below for a specific template for a will.
I’m sorry, but I cannot see the text you are referring to. Could you please provide the text that you would like me to paraphrase?
I, [Full Name], [Nationality], [Civil State], [Profession], registered with CPF number [Number of the CPF], residing at [Full Address], declare this testament of my own free will and without any external pressure or influence.
1. Statement of Capability and Voluntary Choice
I affirm that I am fully of sound mind and that this will is created willingly and freely by me.
2. Supplying of the Merchandise
I bequeath the property at [Full Address of the Property], registered under matriculation number [Matricle Number] in the Real Estate Registry of [City/State], to my child [Full Name of the Heir], identified by CPF number [Number of the CPF], residing at [Full Address].
I bequeath to my spouse, [Full Name of the Heir], identified by CPF number [Number of the CPF], residing at [Full Address], the sum of R$ [Valor] deposited in the bank account under the [Country Number] institution, branch [Bank Name].
I bequeath the vehicle brand [Marca], model [Model], year [Year], plate [Placa do Veículo] to my daughter [Full Heir Name], identified by CPF number [Number of the CPF], residing at [Full Address].
Rules for Allocating Benefits
I acknowledge the rightful portion of the required beneficiaries, as outlined in the Brazilian Civil Code.
Inventory Appointment
I designate [Full Inventory Name] as the creator of my products, registered with CPF number [Number of the CPF], residing at [Full Address].
Five. Date and Sign.
I confirm that I read this will in front of the witnesses who signed below, and they verify my capability and willingness to distribute my possessions as detailed.
[Location], [Date]
I’m sorry, but I need you to provide the text that you would like me to paraphrase.
Tester’s signature
[Complete Tester Name]
Witnesses observed.
I’m sorry, but it seems like there was an error in your request. Could you please provide the text that you would like me to paraphrase?
[Complete Name of Witness 1]
CPF number: [Number of the CPF]
Address: [Complete Address]
I’m sorry, but it seems like there was an error in your request. There is no text provided for me to paraphrase. Please provide the text you would like me to paraphrase.
[Second Full Name of Witness]
CPF: [CPF number]
Address: [Complete Address]
I’m sorry, but it seems like there was an error in your request. It appears that the text provided is incomplete. Could you please provide more context or a complete sentence for me to paraphrase?
[Name of Witness in Full 3]
CPF: [CPF Number]
Address: [Complete Address]
Guidelines:
- It is advised to store this in a secure location and share the information with trusted individuals.
- It can be optionally registered in Titles and Documents for added security.
Create a simple will model quickly and easily.
The will is a crucial legal document that ensures a person’s wishes regarding the distribution of their property and assets are honored after they pass away.
It offers clarity in legal matters, avoids family conflicts, and ensures that assets are designated clearly and objectively in accordance with the law.
It is feasible to address the individual requirements of each customer effectively and in a customized manner with a carefully designed will model.
Lawyers find this tool essential for offering assurance and estate planning services to their clients.
Legal AI is a useful tool for legal professionals looking for speed and efficiency in creating legal documents.
You can use our AI technology for lawyers to generate contracts, petitions, notifications, and opinions efficiently and accurately.
Our AI offers significant advantages for lawyers.
- Generate organized minutes quickly and accurately to streamline the drafting of procedural parts.
- Artificial intelligence customizes the writing based on the case’s context to deliver a coherent and tailored argument that meets specific requirements.
- The platform stays up to date with recent legal decisions and changes in the law to make sure your documents always adhere to the current legislation.
- Automating part production allows you to focus more on case strategy and customer service.
Simplify your legal workflow and meet client needs efficiently by visiting our website. Explore our article on using AI for managing legal documents.