- dispute settlement related to inventories and processes of succession after death of a foreigner. This is regarding furniture and real estate in the country.
Rules applicable to goods of foreigners in cases of succession after death
The connection rule used in the Brazilian law of succession refers to the last residence of the deceased, whatever the nature and location of the property (art. 10 of the LINDB). Brazil applies, in cases of inheritance disputes, the principle of absolute competence and the plurality of forums succession in cases of property left by a foreigner in more than one country. As rules of succession occur in two stages, of which the first is when determining jurisdiction (art. 89 of the CPC,II) , and second, when the applicable law is decided upon. Since the jurisdictioin established is usually the site of the property, the law applicable is determined to legitimate and execute the succession, namely, that of the last residence of the deceased, regardless of their nationality (art. 10 of LINDB). The exception is the rule contained in § 1 of the same article which states that when a sucession of foreign assets located in Brasil is governed by Brazilian law it will benenefit the Brazilian spouse or offspring, or who represents them, whenever there is no law in favor of the deceased. Therefore, in case of the death of a foreigner with furniture and real estate in Brazil two situations can occur: first, in the case of not having children or a Brazilian spouse, the succession is to be open here in Brazil, following the law of the last residence of the deceased. In the second, where there is a child or Brazilian spouse, the succession will follow the brazilian rules, unless the foreign law is more beneficial. We also like to point out two relevant points to the law of succession, which are important: the ability to succeed and the quality of heir. Under § 2 of article 10 of the introductory law to the standards of Brazilian law, the ability or inability for them to receive the inheritance depends on the law of his residence. The categories of succession in Brazil obeys the law where the deceased was residning.