Inheritance/Legacy Proceedings – Succession Law and Its Cross-Border Challenges

Globalization has profoundly transformed succession law. An increasing number of European citizens spend part of their lives in Brazil, invest in real estate in multiple jurisdictions, and form families in multinational contexts.

When a death occurs, a decisive legal uncertainty immediately arises:

• Which country has jurisdiction to adjudicate the estate?

• Which law will govern the succession?

• How can heirs and surviving partners living in the property be protected?

In this article, we present common legal situations faced by Dutch, Belgian, and foreign individuals holding international assets, offering practical solutions supported by legal authority.

The Core Issue: Jurisdiction ≠ Applicable Law

In international succession matters, it is essential to distinguish between:

• Jurisdiction: which court has authority to conduct the probate and estate proceedings;

• Applicable law: which legal system determines who inherits and in what proportion.

Key Rules under Brazilian Private International Law

In Brazil, two legal provisions are fundamental.

1. Law of the Deceased’s Last Domicile (LINDB, Article 10)

Succession is governed by the law of the country where the deceased maintained his or her last domicile:

“Succession upon death shall be governed by the law of the country in which the deceased was domiciled, regardless of the nature or location of the assets.”
(LINDB, Article 10)

This principle is widely applied in inheritance matters involving Europe and Brazil, as confirmed in international legal opinions issued by our office.(Juridisch Advies aan rechtbanken en advocatenkantoren.)

2. Exclusive Brazilian Jurisdiction over Assets Located in Brazil (CPC, Article 23)The Brazilian Code of Civil Procedure establishes:

Brazilian judicial authorities have exclusive jurisdiction, to the exclusion of any other, over succession proceedings whenever assets are located within Brazilian territory.
(CPC, Article 23, II)

In other words: real estate located in Brazil necessarily requires probate proceedings in Brazil, even if the deceased was a European national.(Juridisch Advies NL.)

CASE 1 — Dutch National Deceased in Brazil with Property in the Netherlands

Background

A Dutch citizen lived his final years in Brazil and passed away on Brazilian territory.
He owned:

• a property in the Netherlands, and

• European bank assets.

Legal Question

Which jurisdiction is competent to handle the succession: Brazil or the Netherlands?

Practical Legal Solution

Brazil is competent to conduct the principal probate-inherit proceedings, as Brazil was the deceased’s last domicile.

However, the real estate located in the Netherlands requires formal regularization before Dutch authorities.

Case law acknowledges that:

• the court of the place where the asset is situated holds territorial jurisdiction over the probate-legacy of that property,

• while the succession law applicable may still be that of the deceased’s domicile.

This scenario has been examined in an international legal opinion prepared by our firm.(Juridisch Advies_NL.)

Recommendation: simultaneous initiation of probate proceedings in Brazil, alongside notarial and administrative regularization in the Netherlands.

CASE 2 — Dutch National Deceased in the Netherlands Leaving an Apartment in São Paulo (Brazil) Occupied by a Brazilian Partner

Background

A Dutch citizen passed away in his country of origin, the Netherlands, leaving:

• an apartment located in São Paulo, Brazil,

• a Brazilian partner residing in the property, and

• heirs formally recognized under Dutch law.

Central Legal Question

Does the surviving partner have inheritance rights?
And which jurisdiction has authority to decide?

Jurisdiction and Applicable Law

The succession is governed by Dutch inheritance law, since the deceased’s last domicile was in the Netherlands.

However, the apartment located in Brazil necessarily requires Brazilian judicial probate-legacy proceedings, as the asset is situated within Brazilian territory, triggering Brazil’s exclusive jurisdiction:

Brazilian Code of Civil Procedure, Article 23

Rights of the Surviving Partner

Depending on the facts, evidence, and family circumstances, the Brazilian partner may seek:

• formal recognition of a stable union (união estável),

• a right of residence (direito real de habitação),

• possessory protection and housing safeguards,

• succession-related maintenance or support claims (alimentos sucessórios).

This legal configuration is extremely common in cases involving foreign-owned real estate in Brazil, particularly in the Northeast region.

Our firm regularly acts in similar cross-border probate proceedings involving assets located in Brazil.

CASE 3 — Belgian National Deceased in Belgium with Property in Brazil and Heirs in Different Countries

Background

A Belgian citizen passed away in Belgium, leaving:

• an apartment located in Brazil,

• real estate assets in Belgium,

• a son legally recognized in Brazil,

• a brother residing in Belgium, and

• no surviving parents (no ascendants).

Legal Question

Who inherits: the son or the brother?

Applicable Belgian Succession Law

Under Belgian law, pursuant to the Belgian Civil Code:

• descendants have absolute priority,

• siblings only inherit in the absence of children.

Therefore:

The son recognized in Brazil is the universal heir.
The brother does not inherit alongside descendants.

Procedural Requirements

• The principal probate proceedings must be initiated in Belgium.

• A mandatory probate procedure must also be conducted in Brazil for the apartment located in Brazilian territory.

Such succession cases require coordination between:

• Belgian courts and notaries,

• Brazilian courts and registry offices (cartórios),

• recognition of filiation, and

• properly apostilled cross-border documentation.

Essential Documentation in International Succession Matters

In all cross-border inheritance cases, the following documents are indispensable:

• foreign death certificate with apostille,

• sworn certified translation,

• certificate of absence of a will,

• formal declaration of heirs,

• international powers of attorney,

• coordination between European notaries and Brazilian registry authorities.

Conclusion — International Estates Require Specialized Legal Strategy

Inheritance cases involving assets located in both Brazil and Europe cannot be resolved through a simple domestic probate process.

A clear legal distinction between:

• competent jurisdiction,

• applicable succession law,

• rights of heirs and surviving partners,

• multi-jurisdictional notarial regularization,

is essential to prevent legal deadlocks, litigation, and patrimonial loss.

Our law office specializes in International Succession Law

Dantas Jurídico provides specialized legal services in:

• European and private international law,

• Probate and inheritance proceedings Netherlands–Brazil–Portugal,

• Belgian succession matters and multinational estates,

• International family law (partners, children, stable unions),

• Cross-border judicial and notarial procedures.

Contact Us

Email: dantasjuridico@outlook.com
Netherlands (Mobile): +31 6 4447 2841
Portugal (Mobile): +351 963 879 659
Office: +31 76 571 3209