Public Will and Codicil: Guide, Requirements & Revocation

Context Note: This content describes Brazilian notarial law.

This article answers

• What is a public will and how does it differ from a codicil?
• What are the requirements and formalities for making a public will at a notary office?
• Who can make a public will and how is the inheritance divided among necessary heirs?
• How does the revocation or amendment of a public will and a codicil work?
• What documents are required to execute a public will at a notary office?

In summary

• A public will is the formal estate planning tool executed by public deed at a notary office.
• A codicil is used to organize simple wishes and donations of low-value assets without requiring a public deed.
• The law guarantees 50% of assets to necessary heirs (forced share), allowing the testator to freely dispose of the remaining half.
• A subsequent will revokes a prior one to the extent it contradicts it, always respecting the full autonomy of human will.

What is a public will and how does it differ from a codicil?

A public will (testamento público) is a solemn legal act executed by a notary public (tabelião de notas) in their official book of notes (Lei nº 8.935/1994 [Notarial and Registral Services Act], art. 6º). It expresses a person's wishes regarding the allocation of their assets and personal directives after their death (Código Civil [Civil Code], art. 1º.784). Because it is a public deed (escritura pública), it carries public faith (fé pública) (Código Civil [Civil Code], art. 215). This ensures that the document is perpetually preserved in the archives of the notary office, preventing loss and tampering.

The fundamental difference between a public will and a codicil (codicilo) lies in the financial scope and formal execution of each act:

• Public will: Deals with the distribution of high-value assets, such as real estate, companies, vehicles, and financial investments. It requires in-person or videoconference execution at the notary office (tabelionato de notas), in the presence of witnesses and registration in the Brazilian notarial system.
• Codicil: Deals with special dispositions of lower financial value and personal directives. It is created through a private document dated and signed by the author. It can include funeral instructions, designate beneficiaries for clothing, family jewelry, or low-value furniture.

Citizens should not confuse the execution of the public deed with the immediate execution of the estate distribution. A public will does not transfer property during lifetime. The transmission of hereditary rights occurs only upon the opening of the succession at the moment of death (Código Civil [Civil Code], art. 1º.784).

To understand other notarial options and their distinctions, you can consult our article on Public Will vs Closed Will.

A public will guarantees publicity and legal certainty to acts (Lei nº 8.935/1994 [Notarial and Registral Services Act], art. 1º). The notary public verifies the free expression of the testator's will to prevent future annulment due to defects of consent or incapacity (Código Civil [Civil Code], art. 166).

What are the requirements and formalities for making a public will at a notary office?

The validity of a public will depends on strict compliance with the legal formalities prescribed in civil legislation (Código Civil [Civil Code], art. 104). As it is a solemn act, failure to observe these steps can result in the nullity of the legal transaction (Código Civil [Civil Code], art. 166).

The procedure at a notary office follows well-defined steps:

• Direct statement of intent: The testator appears before the notary public or their legal deputy and states their wishes freely and consciously.
• Drafting of the text: The notary public dictates or drafts the text in the official book of notes, translating the testator's wishes into precise legal language.
• Solemn reading: The notary public reads the public will aloud in the simultaneous presence of the testator and the instrumentary witnesses.
• Signing of the act: The testator, the witnesses, and the notary public sign the book of notes. If the testator is unable to sign, one of the witnesses will sign on their behalf (a rogo).
• Electronic notification: The notary office registers the act in the Shared Electronic Notarial Services Center (CENSEC), as regulated by the Conselho Nacional de Justiça (National Council of Justice) Provimento CNJ nº 149/2023, Livro II.

A codicil does not require notarial intervention or public reading. It requires only written form, a date, and the author's signature. However, if a codicil disposes of high-value assets or attempts to modify clauses of a public will, the disposition loses legal effectiveness.

You can also perform electronic notarial acts through the e-Notariado platform. To understand the validation of digital signatures and deeds, see our guide on Electronic Notarial Acts on e-Notariado.

The notary public's oversight ensures prior verification of the testator's mental capacity and free will (Lei nº 8.935/1994 [Notarial and Registral Services Act], art. 6º). This inspection drastically reduces the risk of judicial disputes among heirs after death.

Who can make a public will and how is the inheritance divided among necessary heirs?

Testamentary capacity is acquired at 16 years of age. Brazilian legislation requires the testator to be in full possession of their mental faculties at the moment they declare their final dispositions.

The key point in estate planning is the division of inheritance between the forced share (legítima) and the disposable portion (quota disponível):

• Forced share (50% of assets): Corresponds to half of the assets that the law mandatory reserves for necessary heirs (herdeiros necessários). Necessary heirs are descendants (children, grandchildren), ascendants (parents, grandparents), and the surviving spouse or partner. The testator cannot deprive necessary heirs of the forced share via a public will, except in legal cases of disinheritance.
• Disposable portion (50% of assets): Corresponds to the other half of the assets. The testator can freely allocate it to any person, whether a necessary heir, a friend, a godchild, or a charitable institution.

If the testator has no living necessary heirs, their testamentary freedom reaches 100% of their entire estate. In such cases, collateral relatives (such as siblings, aunts, uncles, and cousins) can be completely excluded from succession simply by allocating all assets to third parties in the public will.

When there are heirs and assets to be inventoried, estate planning may include combined instruments. To learn more about prior asset distribution, consult our article on Doation of Assets in Life.

If a public will exceeds the disposable portion and infringes upon the forced share of necessary heirs, the act is not entirely void. Instead, testamentary dispositions are reduced down to the legally permitted limit. This rule preserves the deceased's wishes while adjusting the proportion of asset shares.

How does the revocation or amendment of a public will and a codicil work?

A public will and a codicil are inherently revocable legal acts. The testator can modify or cancel their dispositions at any time while alive and capable. Revocation of a public will is an inalienable right, and any clause waiving the right to revoke is null and void.

There are different forms and effects for revoking these instruments:

• Revocation of a public will: Can be express, when a new will explicitly declares the previous one revoked, or implied, when new clauses are incompatible with old ones. A public will can only be revoked by another will of equal or higher solemnity, executed at a notary office or through another valid testamentary form.
• Revocation of a codicil: A codicil can be revoked by a subsequent codicil or by a public will that expressly revokes it or disposes of the same subject matter in a contrary manner. Creating a new public will without mentioning a prior codicil revokes the latter if their subjects are incompatible.

If the testator simply sells during their lifetime an asset mentioned in the public will, that specific clause lapses. The sold asset ceases to be part of the deceased's estate, invalidating that disposition without voiding the remaining provisions set out in the document.

For more details on modifying final directives and notary office procedures, visit our article on Requirements and Revocation of a Public Will.

Drafting a new public will automatically cancels conflicting terms from the previous text. Centralizing this information in the CENSEC database guarantees that the registry official or notary public finds the most recent public will when opening probate (Código de Processo Civil [Code of Civil Procedure], art. 610).

What documents are required to execute a public will at a notary office?

Documentary preparation for executing a public will requires identifying the testator, the witnesses, and clearly specifying the assets mentioned in the public deed (Código Civil [Civil Code], art. 215).

The testator must present their original personal identification documents and proof of ownership:

• Testator's documentation: Official photo ID (RG or CNH), CPF (taxpayer ID), and recently issued civil status certificate. If married or in a stable union, documents of the spouse or partner must also be presented.
• Beneficiaries' documentation: Full names, CPF numbers, civil status, occupation, and residential address of testamentary heirs or legatees.
• Real estate documentation: Updated property registry certificate (certidão de matrícula) issued by the Registro de Imóveis (Real Estate Registry) Lei nº 10.406/2002 — Código Civil, art. 1º.245, municipal (IPTU) or rural (ITR) tax statements, and tax clearance certificates.
• Movable assets documentation: Vehicle registration certificates, bank account statements, or corporate articles of organization/association.
• Witnesses' documentation: Copies of RG and CPF of two instrumentary witnesses who are legally eligible to serve.

For a codicil, the procedure does not require public certificates or notary office intervention. The author writes the document by hand or types it, adding the date and a legible signature.

After executing a public will, opening estate proceedings may require probate. Understand the complete document checklist for the subsequent phase by reading our article on the Guide to Extrajudicial Inventory.

Strict verification of documentation prior to signing prevents record discrepancies at the Real Estate Registry and tax authorities (Código Civil [Civil Code], art. 1º.245). Title regularity prevents delayed requirements during probate (Código de Processo Civil [Code of Civil Procedure], art. 610).

Document checklist

To expedite service at the notary office, organize the following items before scheduling the execution of a public will:

• [ ] Testator's RG and CPF (originals and updated copies).
• [ ] Testator's Birth or Marriage Certificate (issued within the last 90 days).
• [ ] Civil identification and tax data of all designated testamentary heirs and legatees.
• [ ] Updated property registry certificates for urban or rural real estate mentioned.
• [ ] Ownership documents for vehicles, shares, corporate quotas, and bank balances.
• [ ] Copies of RG, CPF, and proof of residence for two instrumentary witnesses.
• [ ] Medical report attesting to the testator's mental capacity and lucidity, if elderly or suffering from a severe health condition.

In practice

Case 1: Allocating the disposable portion to a non-relative

A single citizen without children wished to benefit a local charity and a godchild. He had living elderly parents, who are his necessary heirs. The citizen approached a notary office to draft a public will.

The notary public advised the testator regarding the forced share limit. The testator's parents were entitled to 50% of his total estate. The remaining 50% could be freely allocated. The public will was executed assigning 25% of the total estate (half of the disposable portion) to the godchild and 25% to the charity. The dispositions fully preserved the parents' legal rights, ensuring the legal validity of the notarial act without disputes.

Case 2: Codicil for personal items and public will for real estate portfolio

A woman with substantial real estate holdings wished to organize the succession of her property and the transfer of family heirlooms. She attended a notary office and executed a public will distributing her apartments and vehicles between her two children.

Subsequently, she prepared a handwritten private codicil at home. In the codicil, she specified that her collection of antique watches and decorative paintings should go to her granddaughter, alongside funeral instructions. After her passing, the public will guided the real estate partition during probate, while the codicil ensured the delivery of cherished items without family conflict.

Case 3: Total revocation of a prior will due to changed intentions

An elderly man had previously executed a public will benefiting a former business partner. Years later, after winding up the business, he decided to change the allocation of his disposable assets to benefit his grandchildren.

The man returned to the notary office and requested the execution of a new public will. In the opening clauses of the new deed, he expressly declared the total revocation of the prior public will. The new act was registered in the notarial system. Upon his death, the latest version of the public will prevailed entirely, nullifying the former partner's claims.

Common mistakes

• Attempting to give away more than 50% of assets in a will when necessary heirs exist: This error violates the forced share guaranteed by law to children, parents, or a spouse. How to avoid: Conduct a thorough asset assessment and restrict free allocation to the 50% disposable portion.
• Using a codicil to transfer real estate or high-value assets: A codicil is intended solely for items of low economic value and funeral arrangements. How to avoid: Use a public deed of will for real estate, companies, or significant financial investments.
• Designating legally ineligible witnesses: Direct relatives of the testator or beneficiaries named in the document cannot serve as instrumentary witnesses. How to avoid: Bring two neutral witnesses to the notary office who have no family relation or financial interest in the inheritance.
• Believing a public will transfers property during lifetime: A will produces no immediate effects nor alters asset ownership while the testator is alive. How to avoid: If the goal is to transfer property immediately, choose a real estate donation with reserved usufruct (doação com reserva de usufruto).
• Forgetting to update the will after family or financial changes: Selling mentioned assets or the arrival of new heirs requires reviewing the estate plan. How to avoid: Visit a notary office to execute an amendment or a new public will whenever family or financial circumstances change.

Legal basis

• Lei nº 8.935/1994, art. 1º — Establishes that notarial and registral services ensure publicity, authenticity, security, and efficacy of legal acts Lei nº 8.935/1994, art. 1º.
• Lei nº 8.935/1994, art. 6º — Defines the exclusive duties of notary publics in formalizing the intent of parties Lei nº 8.935/1994, art. 6º.
• Lei nº 10.406/2002 (Código Civil), art. 104 — Determines validity requirements for legal transactions, including capacity of the agent and legally prescribed form Lei nº 10.406/2002 — Código Civil, art. 104.
• Lei nº 10.406/2002 (Código Civil), art. 166 — Regulates grounds for nullity of legal transactions executed contrary to law Lei nº 10.406/2002 — Código Civil, art. 166.
• Lei nº 10.406/2002 (Código Civil), art. 215 — Defines public deeds as documents endowed with public faith, providing full proof of acts executed before a notary Lei nº 10.406/2002 — Código Civil, art. 215.
• Lei nº 10.406/2002 (Código Civil), art. 1º.784 — Establishes the opening of succession and immediate transmission of inheritance to heirs upon the deceased's death Lei nº 10.406/2002 — Código Civil, art. 1º.784.
• Lei nº 13.105/2015 (Código de Processo Civil), art. 610 — Governs inventory and partition procedures and mandatory verification of any existing will Lei nº 13.105/2015 — Código de Processo Civil, art. 610.
• Provimento CNJ nº 149/2023, Book II — Consolidates National Correguership of Justice rules on drafting and registering notarial acts and wills Provimento CNJ nº 149/2023, Livro II.
• Normative note: Specific rules governing public wills and codicils are set out in the Brazilian Civil Code (Articles 1,864 through 1,885). Applying these instruments within notary offices complies with formal validity requirements for legal transactions and duties assigned to notary publics under Lei nº 8.935/1994 and state Code of Norms regulations.

Frequently asked questions

What is a public will and how does it differ from a codicil?

A public will is a public deed executed by a notary public to dispose of all or part of estate assets after death (Lei nº 8.935/1994, art. 6º). A codicil is a simplified private writing, signed by the author, intended exclusively for low-value dispositions such as clothing, jewelry, and funeral directives.

What are the requirements and formalities for making a public will at a notary office?

A public will requires that the person be legally capable, state their wishes to a notary public, and sign the official book of notes in the presence of instrumentary witnesses (Código Civil, art. 104). The act is recorded in the notarial book and reported to the National Central Register of Wills (Provimento CNJ nº 149/2023, Book II).

Who can make a public will and how is the inheritance divided among necessary heirs?

Anyone over 16 years of age and in full mental capacity can make a will. If necessary heirs exist (descendants, ascendants, or surviving spouse/partner), the testator can freely dispose of up to 50% of their estate, as the other half constitutes the legally protected forced share (legítima).

How does the revocation or amendment of a public will and a codicil work?

A public will can be revoked at any time by another will of equal or higher solemnity. Revocation may be total or partial. A codicil is revoked by a subsequent codicil or by a will that expressly cancels it.

What documents are required to execute a public will at a notary office?

You must present official photo ID, CPF, updated civil status certificate of the testator, beneficiaries' identification details, property certificates for cited real estate or movable assets, and identification data of instrumentary witnesses (Código Civil, art. 215).

Editorial footer

Editorial team: Tabelionato de Notas do 5º Ofício do Recife

Date of last legal review: September 18, 2026

Content version: v2.0 PEAN-Aligned

Institutional disclaimer: This content is exclusively for informative and educational purposes, aimed at reducing information asymmetry for citizens regarding out-of-court notary services. It does not replace technical analysis of specific individual cases conducted during in-person or remote consultation with a competent notary public.

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