A.05 - Family & Succession
Succession planning and international family law
Family and succession matters with an international element are often among the most sensitive issues a law firm is called upon to handle. They involve distinct legal regimes, conflict of laws rules, and tax and estate implications that extend beyond the immediate family circle. In families with ties between Portugal and Brazil, these matters acquire particular complexity.
A.05
Estoril · Portugal
01 — Ongoing support
With professionalism and dedication
Piauhylino & Associados assists families in organizing matrimonial property relations, in the succession transfer of assets located in both jurisdictions, and in situations of marital breakdown involving assets, children or residence in more than one country. Our intervention tends to be preventive, focused on planning that avoids future disputes, but also extends to the resolution of existing situations.
We handle each case with absolute discretion. The nature of these matters requires strict confidentiality and attention to the personal and estate particularities of each family. Coordination with the firm’s tax, real estate and corporate areas enables an integrated response, particularly when the estate includes companies, real property and financial assets in more than one country.
01
Succession planning
Wills, succession agreements, appointment of heirs and preventive estate organization.
02
International estates
Opening, inventory, division and execution of estates with assets in Portugal and Brazil.
03
Divorce and regulation of parental responsibilities
Including cases with minor children or assets in more than one jurisdiction.
04
Matrimonial property regimes and prenuptial agreements
Selection, modification and adaptation of matrimonial property regimes to the couple’s circumstances.
05
Recognition of foreign decisions
Recognition of divorce or asset division rendered in a foreign jurisdiction.
Mission
To protect, with rigor and discretion, the interests of individuals and companies operating between Portugal and Brazil.
Vision
To be the reference in Portuguese-Brazilian transatlantic legal practice, recognized for technical excellence.
Values
Ethics, discretion, efficiency and individual approach to each case. Without compromise.
02 — Why choose us
A practice
without borders.
01
Confidentiality that family matters require
Absolute discretion in handling matters, an essential characteristic in this area of practice.
02
Succession matters respecting two legal systems
Coordination between Portuguese, Brazilian and European Union succession law, with attention to the European Succession Regulation.
03
Legal solutions that keep the objective in sight
Integrated approach with tax and estate areas, ensuring that the legal solution does not compromise the client’s family and economic objectives.
03 — FAQs
Frequently
asked questions
The most common questions in family & succession matters. Each situation is individual — eligibility analysis must always be conducted on a case-by-case basis.
Which law applies to an estate with assets in Portugal and Brazil?
The determination of applicable law depends on the criterion adopted by each jurisdiction. In Portugal, Regulation (EU) No. 650/2012 essentially applies, with specific rules on applicable law and jurisdiction. In Brazil, the criterion is different, and the coordination between the two systems may give rise to different solutions depending on the case. Each specific situation must be analyzed in light of the deceased's connections with each country.
Is a will made in Brazil valid in Portugal?
Generally, yes, provided it complies with the formal requirements admitted by the law of the country where it was executed. However, there are specific rules regarding heir qualification, forced heirship and applicable formalities, which must be analyzed together with the applicable succession law.
How does asset division work in case of divorce with assets in both countries?
The division depends on the matrimonial property regime, the nature of the assets, their location and the conflict of laws rules. In many cases, it is possible to process the division in one jurisdiction with effects extending to the other, through recognition of the decision. The analysis depends on each specific situation.
05 — Contact
How can we
help you?
Do you have a family or succession matter with an international element? Contact us.
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