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New Civil Code (PL 4/2025) May Exclude Spouse from Necessary Inheritance and Expand Disinheritance; ITCMD Progressive and Digital Will Enter the Debate, Says BBC News Brazil
The proposed new Civil Code, presented in Congress in January 2025, may profoundly transform the rules of succession in Brazil. The PL 4/2025, developed from a draft chaired by Minister Luis Felipe Salomão (STJ), removes spouses and partners from the list of necessary heirs and expands the grounds for disinheritance to include abandonment and offense to psychological integrity.
According to a report from G1, the measure aims to update a system created in 2002 that currently accounts for a large portion of inheritance lawsuits in the country.
For experts, the changes may provide greater autonomy to the testator, but they may also open up space for more complex legal disputes.
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Spouse May Stop Being a Necessary Heir
Currently, the Civil Code guarantees half of the estate — called the legitimate portion — to descendants, ascendants, and spouse/partner.
The proposed new Civil Code maintains only children, grandchildren, parents, and grandparents in the category of necessary heirs, excluding the spouse.
In practice, this means that husbands or wives will only have an automatic right to inheritance if they are named in a will.
Without this provision, the estate will be divided only among descendants or ascendants, as the case may be.
The impact may be greater in unions with total separation of property, where there is currently an expectation of participation in the succession.
New Grounds for Disinheritance
Another relevant innovation is the expansion of the grounds that allow exclusion of heirs.
Currently, the law provides specific hypotheses, such as physical offense, serious injury, or abandonment in case of mental illness.
The PL 4/2025 adds unjustified material abandonment and psychological violence, reflecting more recent social discussions.
This aspect divides opinions. On one hand, family members who have suffered abandonment may turn to the courts to prevent the responsible party from receiving an inheritance.
On the other hand, lawyers warn that the judicialization may increase, as it will be necessary to prove subjective facts, such as emotional damages.
Digital Will and Technological Inheritance
The proposal also modernizes succession planning instruments.
The digital will could be created by video or electronic signature, with legal validity.
In addition, the text includes what is called digital inheritance, allowing assets such as cryptocurrencies, access passwords, media, and even online copyrights to be formally transferred.
Another point is the possibility of reserving up to 25% of the legitimate portion for heirs in vulnerable situations, such as children with disabilities or dependents in special conditions.
Emergency wills made in extreme situations — such as wars or accidents — will be valid for up to 90 days.
Taxation and Succession Planning
The discussion on succession occurs alongside the Tax Reform, which already provides for progressive ITCMD (Tax on Inheritance and Donation).
According to specialists consulted by G1, the combination of greater autonomy for the testator with an increase in tax burden is expected to encourage succession planning through wills and family holdings.
Between 2007 and 2024, 527 thousand public wills were recorded in Brazil, according to data from Anoreg/BR.
Although still little used, the instrument is growing in relevance, especially in light of the proposed changes.
Law firms are already anticipating an increase in demand for consulting to organize inheritances and avoid disputes.
If approved, the new Civil Code will represent a cultural shift. Families will need to plan more explicitly for the distribution of assets, as the spouse will not have an automatic right, and the grounds for disinheritance may be expanded.
For family businesses, the measure may reduce unwanted corporate conflicts; for heirs, it will require greater attention to reports, historical records, and documentary evidence in disputes.
What do you think, does removing the spouse from necessary inheritance and expanding the grounds for disinheritance bring more justice or more conflict? Leave your opinion in the comments — we want to hear your perspective on this debate.
Não concordo isso é uma tremenda injustiça.
O tempo que estão querendo mexer numa coisa que é direito do cônjuge
Porque não mexem no salário e benefícios deles pra dar conforto melhor pros brasileiros que sofrem com a fome e frio
Não concordo.
Filhos do deve ter herança se forem menores,ou so metade
Pois o cônjuges trabalham juntos e portanto devem ter direitos. Essa lei não pode ser aprovada ,seria uma injustiça
Acho que nao deveriam retirar do conjugecsuoerstice a condição de herdeiro necessário e que o abando mo tem caráter subjetivo pois há psis que machucam, dão mau tratos e abandonam os filhos, o que implicaria em especificar com maior rigor de detalhes tal condição.