STJ validates Gugu Liberato’s will; the lawyer of the twins Marina and Sofia will appeal

The 3rd class of Superior Court of Justice (STJ) unanimously decided to validate, this Tuesday 20, the will left by Gugu Liberatedin 2011, where 75% of his estate would belong to his children and 25% to his grandchildren. Rosa Miriam di Matteo, mother of the three heirs of the presenter, is out of the division. Minister’s decision Nancy Andrighi.

Collegiate STJ understood that Gugu intended to dispose of all his assets, as he repeatedly referred to his entire assets in the deed of disposal.

The minister Ville Boas Cuevawho asked for an opinion when the case began to be judged, followed the speaker and highlighted that when the testator (Gugu) speaks of 25% of the total assets, he indicates his intention to dispose of the legitimate division to his three necessary heirs , which was not forbidden.

The presenter died at the age of 60, in November 2019, after a domestic accident in Orlando, Florida, in the United States.

The lawyer representing Gugu’s daughters will appeal

The lawyer Nelson Williamsrepresenting the daughters of Gugu Liberato, Navy AND Sofiain the judicial process over the assets dispute, he 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 testamentary disposition, so that the will left by the presenter Gugu Liberato complied with the provisions of the law and the jurisprudence of the STJ himself. In the will, he disposed of 100% of all his assets, without respecting the rightful part of the children,” Wilians said, in a statement.

“According to Brazilian law, the testator must protect half of all his assets (lawful part) and can dispose of the other half (available part) only in a will,” he continued.

According to the lawyer, the decision contradicts the express provision of the specific legislation and also the jurisprudence of the Court itself. “It is a violation of a precept of public order, which opens precedents and brings legal uncertainty to the Brazilian judicial system,” he said.

“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%”, assessed Wilians, adding that the process of recognizing the stable union, moved by the widow Rose Miriam, continues normally.

Again according to the lawyer, who clarified that he only represents Marina and Sofia, the STJ’s decision does not discuss the validity of the will, but the testamentary reduction to protect the children’s share (legitimate part) of the assets (Marina, Sofia and João Augusto).

“It must be understood that Rose Miriam is not part of this action. Therefore, there is no way to confuse this decision of the STJ with the stable union process that moves the widow Rose Miriam. They are distinct and incomparable processes,” warned Wilians .

Source: Terra