Gugu case: what happens to the will if it is proved that the presenter had a 4th child

If paternity were proven, sharing the inheritance – which divides Gugu’s family and involves Justice – would have a significant outcome

The dispute over the presenter’s inheritance Gugu Liberated seems to be further from ending after a new twist in the case. In June, a 48-year-old trader said he could be the presenter’s 4th child. Born in São Paulo, Ricardo Rocha guarantees that he always knew that Gugu was his biological father.

If paternity were proven, the division of the inheritance – which divides Gugu’s family and involves justice – would have a significant outcome. “If an heir survives after the will, the will is broken in all the provisions of him. That is, he becomes invalid,” underlines Vanessa Paiva, a lawyer specializing in family and succession law, in an interview with Earth.

This is the same interpretation of Leonardo Roesler, a specialist in tax law, who points out some caveats. “The case cited, I see that it has a number of particularities, and, for this reason, cannot be generalized. However, when we draw a general panorama, we can make a superficial assessment. affect the fulfillment of the will, provided that the legal guarantees are respected”.

“The legislation establishes that 50% of a person’s assets must be allocated to the necessary heirs – who are descendants, ascendants and spouses”, he specifies. “This part of the estate is untouchable, even if the testator makes a statement to the contrary in his will. Therefore, if an unknown child appears after the testator’s death, this child has the right to claim his rightful share of the inheritanceeven if the will doesn’t name him,” he adds.

“If this right is not respected, the will may be challenged in court and, if paternity is confirmed, the will may be partially or totally voided, as the case may be.”

In March of this year, Ricardo Rocha – who claims to be Gugu’s fourth child – filed a lawsuit in court with a request for a paternity investigation. According to him, his mother and the presenter got involved as teenagers, in São Paulo, in the 70s.

Specialist in family and succession law, Carolina McCardell adds that, in the specific case of Gugu Liberato, the situation was complex and singular, involving legal disputes on the validity of the will and on the paternity of one of the heirs.

“The Civil Code provides for the possibility of annulment of a will under certain circumstances. According to the law, if a successor descendant (such as a child) is born after the will was made and the testator was unaware of its existence, the will shall be invalidated in respect of all its dispositions if that descendant survives the testator,” he points out.

“Moreover, a will drawn up without knowledge of the existence of other necessary heirs can also be voided. The law seeks to ensure that legitimate heirs, especially descendants, have their rights protected and receive their share.”

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.