Nelson Williamsa lawyer representing the daughters of Gugu Liberatocommented on the final decision of the Superior Court of Justice.
This Tuesday, the 20th, he commented on the fact that the will left by the presenter was validated by the Justice. In an official note, the lawyer regretted the final decision.
“The ministers decided to revert the correct decision of the Court of Justice of São Paulo that had reduced the testamentary disposition, so that the will left by the presenter Gugu Liberato respected the provisions of the Law and the jurisprudence of the STJ itself. 100% of all his assets, without respecting the legitimate part of the children”, he said.
According to him, in practice, the will did not follow the law in force: “According to Brazilian law, the testator must protect half of all his assets (legitimate part) and can only dispose of the other half (available part) in a will”.
The lawyer said that it is possible to appeal, since the decision of the STJ is not in accordance with the traditions.
“It is a breach of a precept of public order, opening precedents and bringing legal uncertainty to the Brazilian Order”, he spoke.
Nelson Wilians explained which issues generated controversy: “If it was presenter Gugu’s intention to leave 25% of the totality, he would have tested 50% of the part available to nephews and not 25%”.
He also commented on the condition of Rose Miriam who, according to the will, will not inherit anything. The lawyer explained that the action seeks to recognize the stable union that happens in another instance.
“It must be made clear that Rose Miriam is not part of this action. Therefore, there is no way to confuse this STJ decision with the stable union process that moves the widow Rose Miriam. They are distinct and incomparable processes”, he spoke.
Source: Maxima

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