Restrictive clauses upon inherited (and donated) properties

Did you know that the wills which were drawn before 2002 in Brazil could predict restrictions clauses of inalienability, incommunicability and unleviability upon the properties, without specifying any reasons to this fact?

However, with the new Brazilian Civil Code, after 2002, it is now required that the testator, as same as the donators, justify the reason of the imposition of those restrictive clauses upon the properties.

Therefore, wills which were made before 2002 without those reasons must be rectified.

In case of absence of the rectification, those dispositions will be considered ineffective and will be removed by the Court where the inventory process occurs.

Consequently, in case you have the deed of the will made before 2002, do not abstain from making the necessary adjustments, for your desire to prevail.

Please contact us for more information!