Portuguese 
English 
Spanish 
5 min of reading 
0 comments 
Understand What Changes with the New Civil Code Bill That Could Leave You Without an Inheritance.
Imagine spending your entire life alongside someone, building wealth, sharing dreams and battles… and, in the end, discovering that you may not have any rights to the assets left by them. This possibility has raised alarms with the proposal of a new law that could profoundly alter the rules of inheritance in Brazil. The bill, under discussion in the Senate, aims to remove the spouse from the list of mandatory heirs — and the impact of this could be much greater than it appears at first glance.
What the Bill Says: Spouses May No Longer Be Necessary Heirs
Currently, those who are married or living in a stable union are legally guaranteed the right to inherit part of their deceased partner’s estate, even without a will. This is because the Civil Code classifies the spouse, along with ascendants (parents, grandparents) and descendants (children, grandchildren), as necessary heirs. In other words, they are entitled to the so-called legitimate portion of the inheritance, which corresponds to half of the assets left behind.
The proposal introduced at the beginning of the year, however, seeks to change this rule: if approved, the partner will lose this automatic right, potentially being excluded from succession altogether, depending on the asset regime and the existence of a will.
-
A new Brazilian shopping center worth R$ 400 million will be built in an area equivalent to more than 4 football fields, featuring 90 stores, 5 cinemas, a supermarket, a college, and parking for 1,700 cars, potentially generating 3,000 jobs.
-
Larger than entire cities in Brazil: BYD is building a 4.6 km² complex in Bahia with a capacity for 600,000 vehicles per year, but the discovery of 163 workers in conditions analogous to slavery has shaken the entire project.
-
With an investment of R$ 612 million, a capacity to process 1.2 million liters of milk per day, Piracanjuba inaugurates a mega cheese factory that increases national production, reduces dependence on imports, and repositions Brazil on the global dairy map.
-
Brazilian city gains industrial hub for 85 companies that is equivalent to 55 football fields.
The change still needs to be debated and voted on in Congress, but it is already causing concern among experts and families across the country.
How Asset Division Works Today
The current rule considers the marriage regime. Here’s how it is organized today:
- Universal Community of Property: all assets (before and during the marriage) belong to both, and the surviving spouse is a co-owner, not an heir.
- Partial Community of Property: the spouse is a co-owner of the assets acquired during marriage and also a necessary heir of the partner’s private assets.
- Total Separation of Assets: since there is no property division, the spouse is entitled to inheritance only by being a necessary heir.
This structure, provided for in the Civil Code, guarantees automatic protection, especially in long unions and when the partner has no ascendants or descendants.
What Changes if the New Law is Approved
If the bill moves forward, the scenario will be different:
- Universal Community of Property: remains unchanged. The spouse continues as a co-owner of community assets.
- Partial Community of Property: the partner will lose the automatic right to part of the assets that were acquired before the marriage.
- Total Separation of Assets: here, the change will be more drastic. The spouse will no longer have rights to inheritance, as they will not be considered a necessary heir.
This new understanding could also impact stable unions, which are equated to marriage by the jurisprudence of the Supreme Federal Court. As highlighted by a Supreme Court decision, partners should have the same rights as spouses — which means this category could also be excluded from inheritance if the bill becomes law.
And What About Ex-Spouses? Nothing Changes
One thing that does not change: ex-husbands or ex-wives continue to have no rights to inheritance, unless they are beneficiaries of a specific will. This rule remains intact.
The Controversy: Freedom or Injustice?
The proposed reform of the Civil Code has generated immediate reactions. Experts are divided. On one side, some defend the greater freedom to arrange inheritance according to the deceased’s wishes. On the other side, some see the change as a way to make women particularly vulnerable.
Attorney Miriane Ferreira, who has nearly 2 million followers on Instagram, created a petition against the measure, with over 200,000 signatures. For her, the change ignores the invisible role that many women play at home: “This project is misogynistic. It disregards domestic work, the care for children, and could leave thousands of women unprotected at the moment they need it most,” she states.
She also warns of property violence, a type of abuse that prevents women from having control over their own assets. With the new rule, according to Miriane, many could end up with nothing after years of dedication to the household.
Experts Advocate for More Conscious Planning
From a legal perspective, some professionals see benefits. Gustavo Costa, operations director of the fintech Herdei, states that the project stimulates debate on succession planning and gives more autonomy to citizens. But he himself acknowledges: “This requires more information and legal preparation from the population, and not everyone has access to that.”
Attorney Érika Feitosa Chaves, from the Vieira Rezende law firm, agrees. For her, the proposal broadens freedom but may generate insecurity. “Removing the spouse from mandatory inheritance can cause conflicts within families and leave the surviving partner vulnerable.”
Another point raised by Mérces da Silva Nunes, a family law specialist, is that the new rule favors those who want to leave assets to specific people, without the obligation to include the spouse. “Today, if you have two children and a husband, all three have equal rights to the legitimate portion. This limits your choices in a will,” she explains.
How to Protect Yourself Amid Changes
While the bill is not voted on, experts already recommend taking steps. If you want to protect your partner, the most straightforward way is to make a will. This document allows you to direct up to 50% of your assets to whoever you want — or 100%, if there are no necessary heirs.
Another alternative is to make gifts during your lifetime, ensuring that the partner receives part of the wealth before any succession.
It is also possible to invest in private pension and life insurance, which do not enter probate and can directly benefit the spouse, as reported by Exame magazine.
In the case of total separation of assets, the alert is greater: since there is no property division, and the spouse would cease to be a necessary heir, without planning, they could end up completely excluded.
Are you married? What do you think about this change? Leave your opinion in the comments or share this article with someone who also needs to better understand how this proposal could impact thousands of Brazilian families.
-
2 pessoas reagiram a isso.