Everyone knew the singer, Gal Costa. But few knew about Maria da Graça Costa Penna Burgos’ intimacy. The voice of classics such as ‘Baby’, ‘Meu nome é Gal’, ‘Vaca Profana’, ‘Chuva de Prata’, ‘Vapor Barato’ and ‘Meu Bem, Meu Mal’ left the stage at the age of 77, of which 57 were dedicated to music.
Born in Salvador, Gal died at home in the city of São Paulo, in November 9, 2022 after suffering an acute myocardial infarction. But she was already fighting a silent fight against head and neck cancer, also mentioned on her death certificate.
She left a son, Gabriel Burgos, who at the time of her death was 17 years old. The bond between Gal and Gabriel was already known. But a second relationship was only discovered by the general public and the press when Gal’s estate became the target of a legal fight.
The dispute over the inheritance of Gal Costa, one of the greatest singers in Brazil, is the subject of the 3rd report in the Heritage Special published this week by InvestNews. The cases of Mussum e Zagallo have already been portrayed in the series.
Start of the dispute
The disagreements began when Wilma Petrillo, 74, Gal’s former manager, went to court to prove that she had a stable union with the singer, a necessary condition for her to obtain the status of heir to part of the assets left by the artist. This move by Wilma triggered a public fight with Gabriel, with different accusations on both sides.
In the midst of all this, it also came to light that Gal was accumulating taxes and late fees with the Union and the City of São Paulo. in the order of R$700 thousandaccording to the last survey made public about the debts left by the artist before she died.
Gabriel accused the businesswoman of having coerced him into signing a letter that recognized the romantic relationship between her and his mother. He went to court with a request to annul this signature. He also questioned the cause of Gal’s death and asked for her body to be exhumed, a measure that was denied by the courts.
Wilma threatened to ask for the boy’s interdiction, claiming that he was unable to answer for himself and was influenced by a girlfriend, much older than him. But the fight had a “peace and love” outcome in September this year: Gabriel and Wilma signed an agreement.
They agreed that each will keep 50% of the assets, in addition to paying the debts listed in the singer’s inventory. It was also decided that the royalties proceeds from Gal’s musical performances will be divided into equal parts for both until the sale of the house where she lived, located in Jardim Europa (upscale neighborhood of São Paulo), whose minimum sales price was set at R$8 million.
Once the sale is made, Gabriel becomes the sole beneficiary of the singer’s copyrights. If the sale does not happen, Gal’s son gains this right one year after the agreement is approved in court. In other words: whatever comes first goes.
In addition to the attention generated by the fight over Gal’s inheritance, the case shed light on the stable uniona right recognized in the 1988 Federal Constitution, but still surrounded by doubts. The main one: what is the legal support given to a couple under this regime, above all, when inheritance is discussed?
With scarf, without document
A stable union does not require a formal document to be recognized. It is this characteristic that creates doubts around it, say experts in family law consulted by InvestNews.
According to the article 1,723 of the Civil Codethe stable union is characterized as:
- a public coexistence;
- continuous;
- lasting; and
- established with the intention of creating a family.
“It is a loving relationship that has the air of marriage”, says lawyer Thaís da Costa, from PLKC Advogados. “Couples under this regime are socially recognized as if they were married, based on a minimally uninterrupted relationship with a common life project”.
And what does not constitute a stable union? The opposite of what the rule says: a relationship maintained in secret or that has repeated interruptions, explains lawyer Adriana Chieco.
The minimum duration of the relationship is not provided for by law and must be considered together with the objective of creating a family, highlights Chieco. “There are long-term relationships that do not characterize a stable union. In turn, there are short relationships in which the common desire to start a family quickly becomes present”, adds the expert.
READ MORE: Who gets what in the absence of a will
How to prove stable union?
Anyone looking to prove that they had an unformalized stable union (without documents) with someone who has already died has several possibilities for this — and they are as banal as possible.
For example, conversations, photos published on social media, records of a common life, such as going to family parties and meetings on commemorative dates, are valuable. A wedding invitation that arrived for the couple or joint sponsorship of a friend’s child also serves as proof.
Having been introduced in community centers as “my wife” instead of “my girlfriend” is also a strong indication of a stable union. Material assistance, such as providing an additional credit card to the partner, and testimonials from people who show that the relationship was not just a relationship can serve as proof, experts emphasize.
Bond or financial dependence between the couple also serves to prove a stable union. See here which documents can prove this – according to the Decree 3,048/99in its article 22, paragraph 3 (the report follows after the long list). They are:
- birth certificate of a joint child;
- religious marriage certificate;
- income tax declaration stating the partner as a dependent;
- provisions in a will;
- special declaration made by a notary;
- proof of same domicile;
- proof of evident domestic responsibilities and the existence of society or communion in civil life;
- reciprocally granted power of attorney or guarantee;
- joint bank account;
- registration with an association of any nature, where the interested party is listed as a dependent of the insured;
- constant annotation in the employee record sheet or book;
- insurance policy which includes the insured person as the initiator of the insurance and the interested party as its beneficiary;
- treatment form at a medical institution, which states the insured person is responsible;
- property purchase and sale deed by the insured in the name of a dependent;
- declaration of non-emancipation of dependents under twenty-one years of age; or
- any others that may lead to the conviction of the fact to be proven.
Returning to Gal’s case, Wilma Petrillo is the godmother of Gabriel, the singer’s son. In several interviews, she stated that she met the artist, in the early 1990s, at actress Sonia Braga’s house — and they never separated. Wilma also lived in Gal’s house, but her stable union was only recognized after the singer’s death, with the presentation of evidence about the relationship, which was analyzed by the courts.
READ MORE: New Civil Code excludes spouse from inheritance? Understand the proposal
Does the document prevent fights?
To avoid future fights in court, in the case of Gal Costa’s estate, experts recommend formalizing the stable union. “Officializing a stable union at a notary’s office is an excellent way of proving it to third parties, such as an employer, social security or health institution”, points out Renato Xavier da Silveira Rosa, partner at Moreau Advogados.
There are two ways to regulate the effects of a stable union: public deed or cohabitation agreement — also known as a cohabitation contract. In the first case, the document is prepared by the Civil Registry of Natural Persons Officer. In the coexistence contract, the guideline is that it be registered in the Titles and Documents Distribution Center.
In both documents, experts emphasize, it is essential to define the date of the beginning of the stable union and choose the property regime (partial community of assets, total separation of assets, among others) that will guide the relationship succession planning.
Thaís da Costa, from PLKC Advogados, recalls that the property regime It is the highlight of the formalization of the stable union. “This is the opportunity for the couple to choose whether they want to unite their assets or keep them separate, and the lack of definition implies the automatic application of the partial community of property regime“, it says.
In partial communion, assets acquired before the stable union or received by inheritance or donation are not shared. Only assets acquired after marriage can be considered the couple’s common property.
The list of lawyer Roberta Paganini Toledo, partner in the family and succession law practice at Tortoro, Madureira & Ragazzi Advogados, is even longer. For the specialist, the couple needs to specify the status of the following items in their stable union:
- joint bank accounts;
- residential property lease agreement;
- credit and debit cards used by both;
- appointment of attorney;
- naming the partner as insurance beneficiary; and
- naming a partner as a dependent.
It doesn’t hurt to emphasize: the stable union is factual and not documentary. This means that if the requirements that compose it are present, it exists, regardless of the contract. The opposite is also true, emphasizes lawyer Adriana Chieco.
“If there is a contract, but the legal requirements are missing (public, continuous and lasting relationship that aims to create a family), the stable union will not be recognized”, says the expert.
The contract — private or public deed — is important because it is proof that demarcates the existence of the stable union.
Another important detail: a stable union does not change marital status. Anyone who was single, divorced or widowed remains in this condition, even after the relationship is formalized. By law, the parties are seen as “companions” or “coexistence”but with all rights, including succession, guaranteed.
How to dissolve a stable union?
There are two ways to end a stable union: extrajudicial or judicial.
If it is done extrajudicially, the dissolution must be done in a notary’s office, even if the stable union has not been formalized. This process is only possible if there are no disagreements between the couple about the separation and no dependents are involved.
If there are dependents or disagreements regarding the sharing of assets, child custody and alimony, the process must take place through the courts, which will require the hiring of a lawyer for both parties.
