The document does not recognize Rose Miriam Di Matteo, tried to demonstrate the stable union with the presenter, among the listed heirs
The Supreme Court of Justice (STJ), with a decision by minister Nancy Andrighi, validated the will left by Gugu Liberato in 2011 and the legacy will remain largely with the presenter’s children. The decision was unanimous.
The document does not recognize Rosa Miriam Di Matteo, tried to demonstrate the stable union with the presenter, among the listed heirs. Gugu left 75% of his inheritance to his children and 25% to his grandchildren.
Minister Villas Bôas Cueva, who asked for a review when the case began to be judged, followed rapporteur Nancy Andrighi, observing that when the testator speaks of 25% of the total assets, he indicates his intention to foresee the division of the legitimate to his three necessary heirs, which was not forbidden. The decision was unanimous.
“The STJ respected Gugu Liberato’s will to leave 75% of his assets to his three children and 5% to each of his 5 grandchildren,” João’s lawyers Dilermanno Cigagna, Carlos Regina and Nelson Pinto officially commented Augustus Liberatus and Aparecida Liberatus.
Attorney Nelson Wilians, who represents Gugu Liberato’s daughters in the property dispute lawsuit, said on Tuesday that he respects the decision of the 3rd Panel of the Superior Court of Justice, but will appeal.
The ministers decided to overturn the correct decision of the Court of Justice of São Paulo which had reduced the will, so that the will left by the presenter Gugu Liberato complied with the legal provisions and the jurisprudence of the STJ itself.
In the will, he had 100% of all his assets, without respecting the legitimate share of the children. According to Brazilian law, the testator must protect half of all his assets (legitimate part) and can dispose of the other half (available part) only in a will.
According to the lawyer, the decision goes against the express provision of specific legislation and also of the Court’s own jurisprudence, violates a precept of public order, opens precedents and brings legal uncertainty to the Brazilian legal system.
“If it had been the intention of the presenter Gugu to leave 25% of the total, he would have tested 50% of the part available to the grandchildren and not 25%”, evaluates the lawyer commenting on the STJ’s decision.
It is worth mentioning that the process of recognizing the stable union, led by the widow Rose Miriam, continues regularly.
Source: Terra
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