Understand Why Those Planning a Will Need to Consider These Three Things Right Away

Written by Maria Heloisa Barbosa Borges

Published on 29/07/2025 at 16:16

Quem planeja o testamento tem que considerar essas três coisas para evitar perda de bens na Justiça

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Estate Planning Requires Attention to Legal Rules, Available Assets, and Family Structure to Avoid Future Conflicts

Those who plan their will must consider these three fundamental things: the succession laws in force in Brazil, the mandatory division among heirs, and the type of assets to be distributed. Ignoring these points can lead to disputes and delays in the probate process.

Despite the increase in financial education, a large portion of families still neglect the will, leaving important decisions to the Courts. The result is lengthy processes, conflicts among relatives, and loss of assets due to poor management.

Understanding the Law Is the First Step to Avoid Confusion

Understand why those who plan their will must consider these three things right now

The Civil Code establishes that 50% of the assets must go to the necessary heirs, such as children, spouses, or parents. Only the other 50% can be freely allocated. Those who plan their will must consider these three things right from the start: the legal limit, the profile of the heirs, and the available assets.

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Additionally, there are specific rules for partners in stable unions, which vary according to the property regime. Therefore, it is common for wills made without legal guidance to be invalidated or contested in Court.

Poorly Described Assets Cause Delays in the Probate Process

Another common mistake is not properly listing properties, financial investments, and debts. For it to be valid, the will must clearly describe the assets and indicate beneficiaries without ambiguity. This prevents the paralysis of the judicial probate process and reduces costs with fees and taxes.

Those who plan their will must consider these three things: the current market value of the assets, their legal location, and whether they are free of encumbrances. Items poorly declared or with legal pendencies often lead to impasses among heirs.

Family Organization Must Weigh in the Decision

Blended families or those with children from different relationships require extra attention. The will is essential to prevent disputes and ensure a fair division, respecting emotional ties and legal obligations. Cases of inheritance disputes are rising in families with more complex structures.

Seeking support from a specialist attorney in Succession Law is the safest path for those who wish to preserve their assets and family harmony. Those who plan their will must consider these three things seriously and in advance.

Have you ever thought about making a will or do you believe that this is something for the future?

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Understand Why Those Planning a Will Need to Consider These Three Things Right Away

Estate Planning Requires Attention to Legal Rules, Available Assets, and Family Structure to Avoid Future Conflicts

Understanding the Law Is the First Step to Avoid Confusion

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

Poorly Described Assets Cause Delays in the Probate Process

Family Organization Must Weigh in the Decision

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Understand Why Those Planning a Will Need to Consider These Three Things Right Away

Estate Planning Requires Attention to Legal Rules, Available Assets, and Family Structure to Avoid Future Conflicts

Understanding the Law Is the First Step to Avoid Confusion

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

Poorly Described Assets Cause Delays in the Probate Process

Family Organization Must Weigh in the Decision

China has been trying for 13 years to build a railway in the Gobi Desert to reach Mongolia, and there are still 20 kilometers left that no one can finish due to a problem that seems impossible to solve.

For 45 years, Spain and Morocco have been trying to connect Europe to Africa through a project of just 14 kilometers in the Strait of Gibraltar, and an active tectonic fault on the seabed continues to make the project nearly impossible.

At just 14 years old, a boy creates a system without energy, using steel pipes buried in the ground, that irrigates seedlings with moisture from the air, to combat the water scarcity threatening reforestation in northern China.

Where there was only sand and wind at 40 degrees, China built a megacity of 500,000 inhabitants with farms, wineries, and universities in the middle of the desert using melted glacier water from hundreds of kilometers away.

Masterpiece in Spain, under construction since 1882, receives 4.8 million visits in a year and impresses with its gigantism and architecture.

With fiber sensors, researchers were able to “listen” to the soil in real time and discovered an invisible problem that can affect crops, roots, and the resilience of plantations.

Oil plummets after Trump’s remarks about a pause in attacks on Iran, and stock markets turn sideways as the market reacts immediately.

Masterpiece in Spain, under construction since 1882, receives 4.8 million visits in a year and impresses with its gigantism and architecture.

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