Practice Area

Organize what you own in Brazil — before someone else decides how it passes.

Brazil reserves half of an estate for forced heirs no matter what your will says, and an estate left loose is settled through probate that can run for years. A properly built holding does the planning while you are alive — lawfully, on the record, in your name.

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The fact that catches most foreigners with Brazilian property or investments is succession, not tax. Brazilian law imposes forced heirship (legítima): regardless of what your home-country will says, half of the estate is reserved by law for necessary heirs — descendants, ascendants, and the spouse — and only the other half is freely disposable. You cannot disinherit your way around it, and a foreign trust does not override it for assets that sit in Brazil. The right response is not secrecy or relocation of paper; it is organizing the assets, lawfully and on the record, while you are alive to do it.

The standard vehicle is the holding patrimonial — a sociedade limitada (LTDA) that owns the family's real estate and investments instead of holding them in personal name. Properties are contributed to the company at the cartório de registro de imóveis, the family members become quotaholders, and the company's articles (contrato social) carry the clauses that do the real work: usufruct retained by the parents so they keep income and control (doação com reserva de usufruto), and inalienability, incommunicability, and impenhorability clauses (Código Civil art. 1.911) that shield quotas from an heir's divorce and, within limits, from an heir's creditors. A succession map then moves quotas to the next generation by lifetime gift now rather than through probate later. Done correctly, the legítima is still respected — but the partition that would otherwise paralyze a family for years is settled in advance, in a document everyone signed.

This is legitimate structuring, not evasion, and the distinction is the whole point. Foreign capital that bought the assets has to have come in through the documented exchange channel and be registered with the Central Bank (SCE-IED) so it can leave again; the holding's income is declared, and the gift of quotas triggers state ITCMD. The structure interlocks with your home-country estate plan rather than hiding from it. We are also clear about cost: the government charges — ITBI on property transfers, ITCMD on gifts, cartório and notary fees, any capital-gains tax — are paid to the State and the registries at cost, separate from our fee; we map them before anything moves so there are no surprises. We build it this way deliberately, because a holding that looks like concealment is worse than no holding at all — and because we coordinate the work with the inheritance and tax sides of the practice rather than treating it as a standalone trick.

Transparent pricing

Fixed-fee packages for asset protection.

Every price is itemized like an honest receipt — our flat fee, plus each government, registry and translation charge, estimated high so the number only ever moves down. Add a package to your cart and pay online, or request a quote for anything bespoke. Only value-based taxes are billed at cost; the final fee is confirmed in your engagement letter.

Brazilian Will — Forced-Heirship Aware
from≈ $1,850
R$ 9.660 · all-in estimate · per will

A Brazilian will drafted to work alongside your home-country one and to respect the reserved legítima. Notary and registry fees billed separately at cost.

What this price is made of
  • Our workFlat legal fee — Brazilian will, forced-heirship aware≈ $1,750
  • GovernmentPublic will deed (cartório)≈ $120
  • HandlingSecure file setup & document delivery≈ $10
All-in estimate≈ $1,850
Of that, the government's cut is ≈ $120.
Learn morewills & forced heirship
Holding Patrimonial — Formation
from≈ $4,950
R$ 25.600 · all-in estimate · per holding

LTDA formed with succession clauses, CNPJ, SCE-IED registration of foreign capital, and titled property contributed at the registry. ITBI, ITCMD, cartório and notary charges paid to the government at cost.

What this price is made of
  • Our workFlat legal fee — holding formation & property contribution≈ $4,650
  • GovernmentJunta Comercial registration & CNPJ≈ $130
  • GovernmentPublic power of attorney (notary)≈ $120
  • HandlingInternational courier & secure handling≈ $70
  • Tax (at cost)ITBI municipal transfer tax≈ 2–3% of price · at cost
  • Tax (at cost)Deed & title registry (emolumentos)≈ 1.5% of price · at cost
All-in estimate≈ $4,950
Of that, the government's cut is ≈ $240.
Lines marked at cost are value-based taxes — passed through with receipts, never marked up.
Learn morethe holding patrimonial
Succession Plan & Cross-Border Restructuring
By quote
Assessed after a paid case review · per case

Full succession planning, layered holdings, mixed home-country and Brazilian estates, or contested family arrangements. Scope and fee set in writing after review.

All-in estimates for English-speaking service to foreigners, with every fee we can foresee rounded up. Two cases with the same label can differ in scope — your engagement letter sets the final, written fee, and lines marked “at cost” (value-based taxes like ITBI and ITCMD) are passed through with receipts. Contested or litigated matters are quoted individually, never sold off a price list.

What we handle

Inside this practice area.

01 Holding patrimonial formation An LTDA built to own family real estate and investments: contrato social, CNPJ, and Central Bank (SCE-IED) registration of foreign capital. Registry and notary fees billed at cost.
02 Property contribution to the holding Transferring titled property into the company at the cartório de registro de imóveis, with the ITBI and capital-gains exposure mapped first; those taxes are paid to the State at cost.
03 Succession clauses Usufruct, inalienability, incommunicability, impenhorability, and reversion clauses drafted into the articles so quotas pass the way you intend.
04 Quota gifting & forced-heirship fit Lifetime gift (doação) of quotas to heirs that respects the reserved legítima; the state ITCMD is calculated and paid to the State at cost.
05 Foreign-investor compliance SCE-IED registration, documented remittance, and the reporting that keeps the structure clean for a future exit.
06 Coordination with will & tax Aligning the holding with a Brazilian will, your home-country estate plan, and your Carnê-Leão / DIRPF position.
Process

How a typical engagement runs.

1

Structuring session

We map what you own in Brazil, who the necessary heirs are, and whether a holding actually beats a will in your situation — with the trade-offs spelled out.

First consult
2

Plan on paper

Ownership, usufruct, succession clauses, the gifting schedule, and the ITBI/ITCMD/capital-gains cost of moving assets in — decided before anything is filed.

1-2 weeks
3

Formation & contribution

LTDA registered, CNPJ issued, foreign capital registered, and titled property contributed at the registry. Government and registry charges paid at cost.

4-8 weeks, varies by cartório
4

Succession execution

Quotas gifted into the next generation with the reserved share preserved, ITCMD paid to the State, and the structure documented end to end.

Final phase
Common questions

Asset Protection questions we hear most.

Can a holding company let me leave everything to one child and cut out the others?
No, and you should be wary of anyone who promises that. Brazilian forced heirship reserves half the estate (the legítima) for necessary heirs, and a holding does not erase it — the quotas count as part of the estate. What a holding does is let you organize the freely disposable half, retain income and control through usufruct, and settle the partition in advance so the family avoids years of probate. We tell you exactly how much room the law actually gives you before you build anything.
Is putting my Brazilian property into a company a way to hide it or avoid tax?
No — and that is deliberate. The holding is fully declared: foreign capital comes in through the documented exchange channel and is registered with the Central Bank (SCE-IED), the property contribution is recorded at the cartório, and gifting quotas to heirs triggers state ITCMD. The government charges — ITBI, ITCMD, registry fees — are paid to the State at cost, separate from our fee. The benefit is succession and organization, not secrecy. A structure that looks like concealment creates more risk than it removes, so we don't build those.
I already have a will in my home country. Do I still need a Brazilian plan?
Usually yes, for the Brazilian assets. A foreign will can be recognized here, but Brazilian-situated property is governed by Brazilian succession law, including forced heirship, and a foreign will alone still routes those assets through Brazilian probate (inventário). A holding or a Brazilian will built to work alongside your existing one is what keeps the two systems from contradicting each other. We coordinate this with the inheritance side of the practice.
Next step

Structure your Brazilian assets.

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