An heir not cited in a will cannot annul the document because he was known to his grandmother. This was the understanding of Justice Nancy Andrighi in rejecting an appeal judged by the 3rd Panel of the Superior Court of Justice (STJ). The annulment, according to Nancy, is an extreme measure because the Brazilian legal system imposes the primacy of the testator’s will.
“The revocation of a will, with its consequent general invalidity, is an extreme measure that is only taken in the face of the singular revelation that the testator was unaware of the existence of a successible descendant,” she explains.
Nancy highlighted the facts considered by the Court of Justice of Minas Gerais to prove the existence of a bond between the grandson and the grandmother, the author of the inheritance, which renders unfeasible the annulment of the will sought by the grandson in the appeal.
The justice also emphasized excerpts from the ruling that prove the development of a relationship of affection between the two. The TJ-MG noted that he was even benefited by the donation, by the grandmother, of some properties that had belonged to his father. In this way, according to Nancy, it is not possible to annul the will based solely on the declaration that the testator had no descendants.
“The testator’s mistaken declaration, that she had no successible descendants, comes as no surprise, because in reality she knew of the grandson’s existence, and when she legitimately expressed her will regarding the distribution of her assets after her death, she even included him with a fraction of those assets,” the justice summarized.
The investigation of any irregularities that may occur in the division of assets can be carried out, according to Nancy, during the conduct of the probate proceedings. “Should any harm be verified, the grandson will have the means to defend his rights in court.”
Sources (STJ and Conjur)
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