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Project That Amends the Civil Code Changes Rules of Succession and Removes the Spouse from the List of Necessary Heirs, Which May Affect Widowers and Widows in Different Property Regimes, According to Specialized Lawyers.
The Bill 4/2025, which updates the Civil Code, is advancing in the Senate with an amendment considered to have a large impact by family lawyers: the spouse or partner will no longer be part of the group of necessary heirs and will not compete with descendants or ascendants in legitimate succession.
According to specialists, the proposal maintains the usufruct according to the property regime, but removes the automatic right to the mandatory share of the inheritance when there are children or parents of the deceased, which may leave the survivor without asset protection in some scenarios.
What Changes in the Order of Succession
According to the text under review, the inheritance without a will will follow a new order. When there are descendants, the inheritance will be divided entirely among them.
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Asset Division: Know What Cannot Be Divided in Case of Divorce
In the absence of children, ascendants will be next. In these situations, the surviving spouse does not receive part of the inheritance unless included in a will or other valid instrument.
As a result, the spouse becomes a optional heir, called only when there are no descendants or ascendants, or when there is an express provision of last will.
Usufruct is Maintained, But Mandatory Inheritance Ceases to Exist
The proposal does not change the couple’s right to usufruct. In partial community property, the widower or widow retains 50% of the property acquired onerously during the marriage.
However, the private assets of the deceased — such as properties acquired before the union or received by inheritance — will no longer be shared with the spouse when there are priority heirs.
In the conventional separation of property regime, since there is no co-ownership, the absence of a will may result in no inheritance for the survivor.
In the case of universal communion, the usufruct applies to all communicable assets, but what exceeds that half will first be allocated to descendants and, in their absence, to ascendants.
End of Succession Competition and Impact on Planning
The proposal also eliminates succession competition between the spouse and descendants or ascendants.
As a consequence, the survivor will no longer have the right to a mandatory part of the inheritance.
For family law and succession specialists, this change reinforces the importance of succession planning.
The use of wills, prenuptial agreements, donations, and life insurance is expected to become more frequent to ensure financial protection for the surviving spouse or partner, especially in families with assets consisting of the deceased’s private property.
Blended Families and Income Disparities Worry Lawyers
According to lawyers in the field, the text may more significantly affect blended families, long-term unions, and couples with significant income disparities.
In these cases, the absence of mandatory legal provisions for inheritance may increase the vulnerability of the survivor when there is no common pool of assets.
Professionals suggest preventive measures, such as drafting wills and including protection clauses in prenuptial agreements.
Donations with reservation of usufruct and life insurance are also pointed out as alternatives to ensure economic security for the surviving partner.
Property Regimes and Effects on Sharing
The analysis of the project from the perspective of property regimes indicates practical changes in the sharing.
In partial community property, the division of the common pool is maintained, but the private assets of the deceased will no longer be transmitted to the spouse if there are descendants.
In conventional separation, the impact is more significant as there is no usufruct; the protection will depend on an express manifestation of last will.
Even in universal communion, the usufruct does not eliminate the preference of descendants and, in their absence, ascendants, regarding the remainder of the estate.
Cartórios and Courts Must Adapt Routines
According to notaries and consulted lawyers, the potential approval will require detailed verification of the property regime, the origin of each asset, and the existence of a will in judicial and extrajudicial inventories.
Without a will, estate representatives must observe the new calling order, which excludes the spouse in the presence of descendants or ascendants.
In courts, lawyers anticipate an increase in disputes over the classification of assets, the validity of donations during life, and the scope of non-communicability clauses, in addition to challenges to wills that benefit the survivor.
Effects on the Financial Sector and the Legal Market
Banks and insurers must review products aimed at succession and income protection for the spouse, according to industry specialists.
Notarial offices and registries should also record an increased demand for guidance on wills, donations, and prenuptial agreements.
Law firms report an uptick in requests for review of property regimes before marriage, including provisions for protection for the survivor.
For elderly couples, late unions, and situations where assets are concentrated in one title, lawyers recommend prior planning to avoid future litigation.
Arguments and Counterarguments in the Legal Debate
The justification of proponents is that usufruct already represents sufficient property protection for the spouse, while inheritance should prioritize blood heirs.
Opposing entities argue that usufruct only covers communicable assets and that, in conventional separation regimes, increasingly adopted, the survivor may be left with no asset protection.
Experts also highlight the non-financial contribution of the spouse — such as family care and home management — which may not be reflected in asset ownership, creating vulnerability after the partner’s death.
Processing and Debate in the Senate
The text is currently under review in Senate committees and may still receive editorial adjustments or safeguards.
The main point of debate is the removal of the spouse from the group of necessary heirs and the end of succession competition with descendants and ascendants.
Lawyers and professional organizations are divided: some argue that the measure expands freedom to will, while others warn of the risk of increased litigation and economic disavowal in cases of greater family fragility.
Strategies Recommended by Specialists
Jurists advise couples to map out common and private assets, formalize wills, review prenuptial agreements, and consider donations and life insurance as security alternatives.
They also recommend keeping the property regime properly registered and documents organized, in order to reduce conflicts in succession.
If the proposal is approved, the challenge will be to define which model will ensure more legal security: strengthening planning in life with private instruments or establishing minimum legal safeguards for more vulnerable situations?
Totalmente errado, pois em muitos casos os filhos só lembram que pai e mãe existem na hora da herança. E isso me parece mais é um golpe a longo prazo pelo governo para captar bens de falecidos.
Acho totalmente errado e injusto quererem aprovar uma lei dessas, pois a esposa e o esposo passam a vida toda amando e cuidando um do outro na saúde e na doença, na alegria e na tristeza, nos bons e maus momentos, e não ter direito a nada. Isso é absurdo! Com tanta lei mais importante para aprovar, e querem aprovar uma lei absurda, injusta e errônea.
Devemos prestar atenção nestes sem projetos para na eleição não eleger eles mais.muito das vezes nem é o homem quem adquiriu os bens e ainda vão fazer isso?.O meu não tinha onde cair morto
Ajudei a se tornar homem responsável e o ajudei
PT SÓ SERVE PARA DESTRUIR AS FAMÍLIAS
Quem faz a lei não é o PT. É o Congresso Nacional, ou seja, senadores e deputados de todos os partidos. Um ataque completamente descabido e torpe, vil.