Infographic: What PEC 45/2019 approved in and what remains to be discussed?

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How long must a couple live together to be entitled to inherit?

In an article for ESTADÃO’s E-Investidor, Samantha Teresa Berard Jorge talks about the decision of couples who choose to just “put their toothbrushes together” and not formalize a stable union. However, the legal consequences can vary, especially in relation to inheritance, since Brazilian legislation defines “necessary heirs” as those who are entitled to the share of the assets left by the deceased, called legitimate inheritance. “In order for the right to inheritance to be recognized, the stable union must be judicially recognized, if a public…

TJSP rules out ITCMD on inheritances and donations from abroad

In an article for Monitor Mercantil, Carolina Pereira Rezende and Samantha Teresa Berard Jorge comment on the recent decisions of the TJSP that applied the STF’s understanding of Theme 825 to rule out the collection of ITCMD on inheritances and donations from abroad. “As a reminder, Theme 825, judged under general repercussion by the Federal Supreme Court, defined that states are unable to collect ITCMD without the intervention of a Complementary Law, when assets, inheritances, donors or deceased persons are located abroad,” they add. Read…

The apparent confusion of assets in the conflict between the Maksoud heirs

In a comment to VEJA, Family Office coordinator Juliana Maria Raffo Montero talks about the conflict over assets between the heirs of the Maksoud group, a luxury hotel located in Bela Vista, São Paulo, who are disputing the values of the family assets with the creditors in the competitive process. “It’s a typical situation for business families: the confusion of assets between what the business is – represented here by the interests of the creditors – and the heirs’ appetite for the value arising from…