Chapter

Testamentary Formalities in Latin America with particular reference to Brazil

Jan Peter Schmidt

in Comparative Succession Law

Published in print October 2011 | ISBN: 9780199696802
Published online January 2012 | e-ISBN: 9780191732065 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696802.003.0005
Testamentary Formalities in Latin America with particular reference to Brazil

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This chapter shows that the law on testamentary formalities in the Latin American countries is historically rooted in the European ius commune and that it has preserved this tradition to a remarkable extent until today. Ordinary wills must be made in writing, either before a notary and witnesses (public will), or before witnesses alone (private will). The recognition of holograph wills on the other hand is still rather limited. As testacy rates are generally low, legislatures seem to have felt little pressure to adapt to the necessities of modern times. At the same time, there is a slow, but clearly perceptible trend towards the relaxation of formal requirements, which is also supported by court practice.

Keywords: ius commune; holograph will; witnessed will; notarial will; testacy rates; relaxation of formal requirements

Chapter.  13887 words. 

Subjects: Company and Commercial Law

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