A will is a legal document that expresses a person’s wishes regarding the distribution of their assets after their death. In Brazil, there are different types of wills, each with its own characteristics and legal requirements. Let’s take a look at the main ones:

1. Public Will: Drawn up in a notary's office, in the presence of a notary and two witnesses. It is the safest and most transparent type, as it is registered and can be accessed by any interested party.

2. Closed Will: Written by the testator or by someone at his/her request, it must be delivered to the notary's office in a sealed envelope, in the presence of two witnesses. It is an option for those who want more privacy.

3. Private Will: Handwritten by the testator, it must be signed by him/her and at least three witnesses. It is simpler, but can be contested if it does not follow the formalities.

4. Maritime Will: Intended for people on vessels, it can be made by anyone on board and must be registered in a specific book. It is valid for a limited period.

5. Military Will: Similar to the maritime will, it is intended for military personnel in service and can be done in a simplified manner.

6. Living Will: Also known as an advance directive, this is a legal document that allows a person to express their preferences about what medical care and health treatments they want or do not want to receive in situations where they are unable to communicate.

When to Make a Will?

It is advisable to make a will when you want to ensure that your assets are distributed according to your wishes, especially in situations such as: having minor children, owning assets in different states, or when there is the intention to benefit people who are not legal heirs.

A Living Will is especially important in cases of terminal illness or conditions that compromise the patient's decision-making capacity.

Benefits of Making a Will

The main benefits include legal certainty in the distribution of assets, the possibility of avoiding family conflicts, and the chance to leave specific legacies to individuals or institutions. In addition, a will can help speed up the probate process, making the transition smoother for heirs.

In a living will, a person can specify which medical interventions they accept, such as resuscitation, mechanical ventilation or artificial feeding, and can also designate a health care proxy, who will be responsible for making decisions on their behalf if they are unable to do so.

In short, a will is a powerful tool for planning for the future and ensuring that your wishes are respected.