The Rio de Janeiro Court of Justice upheld the nullity of a public will due to the testator’s mental incapacity. The unanimous decision was based on an expert report that proved that the deceased had suffered from Alzheimer’s disease since 2009, a year before the will was drawn up, compromising her cognitive ability. The will, registered in 2010, intended an asset for the testator’s great-grandson, but was contested by another heir.
The expert report concluded that, on the date of the will, the testator already had severe mental impairments. Additional evidence, such as medical reports and statements, reinforced that she lacked sufficient discernment to carry out the act. The court upheld the lower court’s decision, emphasizing that a will, even if public and drawn up in a notary’s office, can be annulled when there is robust evidence of a defect in consent.
This case reinforces the importance of seeking legal assistance before drafting a will, ensuring that all legal requirements are met to avoid future disputes and the annulment of the document.
