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Civil Code Reform in 2025 Changes Inheritance Rules and Triggers Demand for Wills, Holdings, and Estate Planning in Brazil.
The New Civil Code, under analysis in Congress in 2025, is already mobilizing lawyers, notaries, and families across Brazil. The proposed changes to inheritance law — reducing the mandatory inheritance from 50% to 25% and excluding the spouse from the list of necessary heirs — are generating a true rush for estate planning.
With greater freedom to define the fate of assets, Brazilians from different social classes are seeking to anticipate the division through wills, family holdings, and asset reorganization, fearing future disputes and conflicts.
How Inheritance Was and How It Will Be with the New Civil Code
Under the current rules of the 2002 Civil Code, necessary heirs (children, parents, and spouse) are entitled to 50% of the entire estate, regardless of the deceased’s wishes. The other 50% can be allocated in a will to whomever the testator wishes.
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With the reform under discussion in PL 4/2025, the scenario changes:
- The mandatory legitime drops from 50% to 25%, halving what must be allocated to the necessary heirs.
- The spouse ceases to be a necessary heir, losing the guarantee of automatically receiving part of the estate.
- The testator gains the freedom to dispose of up to 75% of the assets as desired.
The Immediate Impact: Rush for Wills and Holdings
These changes are already causing ripples in the legal market. Specialized firms report a significant increase in demand for public wills, which officially record the testator’s wishes, and for family holdings, structures created to organize and protect assets before division.
According to notary associations, in the first half of 2025 alone, the demand for wills increased by more than 20% compared to the same period in 2024. Lawyers emphasize that couples in stable unions or marriages are among the most concerned, as the spouse will no longer have an automatic right to inheritance.
Experts Explain the Change
Legal experts who participated in the drafting committee of the bill argue that the amendment brings Brazil into a more modern reality, with greater respect for individual autonomy. As stated by STJ Minister Luis Felipe Salomão, coordinator of the committee, “It is necessary to give more freedom to citizens to organize their succession and recognize different family arrangements”.
However, other experts warn that the reduction of the legitime could increase conflicts. Children or disinherited heirs in wills may litigate the succession, leading to new family disputes.
Why Families Are Anticipating
The fear of losing rights or leaving spouses unprotected explains the rush to notaries and law offices. Today, a couple can trust that half of the estate will be divided between children and the surviving partner. With the reform, if there is no planning, the spouse may be left out of the mandatory inheritance, depending solely on the will.
Another point is the unprecedented freedom: many want to ensure that their wishes are respected regarding who will receive real estate, family businesses, farms, financial investments, or even crypto assets.
International Comparison
The proposal brings Brazil closer to more liberal models, such as those in the United States and the United Kingdom, where there is no mandatory reserve for heirs. There, 100% of the estate can be allocated according to the testator’s wishes.
Even with the reduction, Brazil will still maintain a minimum quota of 25% of mandatory protection, acting as a barrier against the total exclusion of children or parents.
The reform of the Civil Code in 2025 is a historic milestone. By reducing the legitime to 25% and removing the spouse from the list of necessary heirs, the country opens an era of greater freedom, but also of greater responsibilities for those who want to protect their family.
The record growth in the demand for wills and family holdings shows that Brazilians have already understood the message: without planning, the division can turn into a source of conflicts. With planning, the chance to ensure security and peace in the transmission of assets is opened up.
O Instituto do casamento deve ser um contrato único e exclusivo com separação total de bens. Apenas filhos menores de 24 anos que não tenham concluído curso superior; os menores de 18 anos de idade; os incapazes possam serem considerados herdeiros necessários com direitos a 50% da herança material/ patrimonial; os outros 50% restantes desta herança deve ser considerada necessária apenas 25% para a cônjuge e ou companheira que for considerada na forma da Lei como pessoa hiposuficiente, perante a defensoria pública e, os 25% do restante desta herança possa ser testamentada para quem a detém possa fazê-la.
Lei de ****, falta de respeto, filhos e parceiros devem ter direitos, os pais so nos casos que o galecido for solteiro e sem filhos, ns minha opinia asiim seria justo
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