Recognition of collateral blood relations after death

According to a recent decision of the Brazilian Superior Court of Justice, siblings of a deceased sister, who wasn’t recognized as a legitimate daughter of their father, have the right to ask, in court, to be recognized as siblings. Therefore, the Court decided that individuals can ask for the collateral recognition of blood relations.

Hence, siblings can plead their part on the heritage of a deceased sibling, since, in that case, she did not leave heirs or living ascendants, only half siblings.

This decision consolidates a precedent to new cases of this kind, since till then, it was usual to see only cases involving ascendants and descendants.

All the above demonstrates the necessity of a good estate planning, and the recognition of legal heirs.