Testamentary Guardianship: A Safeguard for the Future. By Alexandre Tuzzolo Paulino.

The latest article from our Brazilian member firm Murray Advogados.

Testamentary Guardianship: A Safeguard for the Future.
By Alexandre Tuzzolo Paulino.

Testamentary guardianship is still unknown and little used in Brazilian culture. It is a legal
institute that aims to guarantee the execution of the testator’s will after his death, being a
guarantee for the well-being of minors and which requires judicial approval to be valid.

According to the Brazilian Civil Code, article 1,728 et seq., testamentary guardianship is
that established by the testator, to take care of minor children, when the other parent also dies
or is already deceased; or is unable to exercise family power. It provides parents with the peace
of mind of knowing that, in the event of a tragedy, their children will be cared for by someone
they trust and who shares the same values and beliefs. When appointing a guardian, parents
choose someone who is well prepared to take on the responsibility of raising and educating their
children in the way they deem appropriate.

The appointed guardians do not need to be family members, being a free choice between
trusted people, as they will have the duty to guide the education of the wards, provide them with
food, defenses, care, in other words, replace the parents in various tasks .

Testamentary guardianship can avoid potentially stressful family disputes over who should
care for children in the event of the death of their parents. By leaving objective, legally binding
instructions in a document, parents can help avoid family conflicts and ensure a less traumatic
transition for their children at such a difficult time.

For children, testamentary guardianship offers stability and security in a time of
uncertainty. Knowing that there is a carefully designed plan for your care can bring comfort and
peace of mind in the midst of the loss of your parents. Additionally, by allowing parents to
nominate a guardian who is suited to their child’s specific needs, testamentary guardianship can
help ensure that they receive the support and guidance they so desperately need during their
childhood and adolescence.

Therefore, it is essential that people are aware of the importance and scope of
testamentary guardianship, seeking specialized legal advice to prepare a will that faithfully
reflects their wishes and interests, thus guaranteeing a peaceful succession in accordance with
the law.

 

 

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