International inheritance: when Brazilian law prevails over foreign law!
- Chagas Advogados
- Oct 15
- 2 min read
Understand when Brazilian law prevails over foreign law in cases of international inheritance and how this protects Brazilian heirs.
International inheritance: when Brazilian law prevails over foreign law! The last wishes of those who lived outside Brazil aren't always what counts when it comes to inheritance. Many Brazilians are surprised to discover that, even when a will is made abroad, Brazilian law has the final say on assets located here .
The Court of Justice of Paraná reaffirmed in October 2025 that the succession of foreign assets located in Brazil must follow the rules of the Brazilian Civil Code , even if the majority of heirs agree to apply foreign law.
In the case under review, the deceased was Japanese, with assets divided between Brazil and Japan. Some of his children wanted to apply Japanese law, which favored only one heir. The court, however, found that this violated the principle of equality between children , as enshrined in the Constitution.
The understanding is clear:
“It is enough for one of the children to be Brazilian and be harmed by foreign law for it to not apply.” — TJ-PR, 11th Civil Chamber, Oct/2025.
In practice, this means that:
Assets located in Brazil are subject to Brazilian law , regardless of the deceased's nationality.
Foreign law can only be applied if it benefits all heirs equally .
The order of hereditary vocation (who has the right to inheritance) is the same as in the Civil Code: descendants, ascendants, spouse and collaterals.
This decision protects Brazilian families who could be harmed by more restrictive foreign laws — and ensures that assets built here are divided fairly and in accordance with the country's values .
If you have assets abroad or heirs with dual nationality , it is essential to plan your succession securely, predicting which law will apply to each asset.
Proper succession planning avoids conflicts between countries, reduces costs, and protects the family's wishes.
✨ New beginnings guided by the law, and by those who care.
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