Brazil: Proving stable unions for inheritance rights

Under Brazilian law, a stable union (união estável) can be recognized for inheritance and social security purposes even without a formal public deed or notary registration. The legal definition requires a relationship that is public, continuous, and lasting, established with the intent to form a family, without a minimum time requirement.

In cases where a partner passes away without formalizing the union, the survivor must provide evidence to participate in the probate process (inventário). According to Suzana Borges Viegas de Lima, a professor at the University of Brasília, this proof can be constructed through various means, including:

• Shared residence documents and joint bank accounts. • Financial dependency or shared acquisition of assets. • Inclusion as a dependent on health insurance plans. • Existence of children from the relationship. • Social evidence such as photographs, travel records, messages, and witness testimony.

While formalizing the union through a contract or public deed is highly recommended to reduce legal uncertainty and prevent succession conflicts, the absence of such documentation does not automatically strip the surviving partner of their legal rights.