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Civil Code Reform Reduces Legitimacy and Expands Margin for Wills.
The possibility of a father leaving almost his entire inheritance to a single child has sparked intense debates since the Civil Code Reform came into effect in 2025. According to Âmbito Jurídico, the change reduced the mandatory portion of the inheritance destined for necessary heirs, allowing for greater freedom in wills.
Until 2024, the rule was clear: half of the estate (50%) was mandatorily reserved for children, spouses, or ascendants, known as legitimacy.
Now, with the new law, this reservation has dropped to 25%, allowing for up to 75% of the assets to be allocated to just one heir or any other person, generating doubts, insecurity, and heated family conflicts.
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What the Law Says About Legitimacy
The legitimacy remains an inviolable right, but with reduced weight. This means that children still have a guaranteed share, but smaller than in the previous model. Thus, a father cannot completely exclude a child from the inheritance without legal grounds, but may favor another in much larger proportions.
This change has been defended as a way to modernize Brazilian succession law, bringing it closer to legislations in other countries, where there is more freedom for the testator to decide the fate of their assets. Nonetheless, specialists highlight that the change may intensify family disputes and litigation.
Exclusion of Spouse as Necessary Heir
Another controversial point of the reform is the removal of the spouse from the list of necessary heirs. In practice, this means that the widower or widow no longer has an automatic right to inheritance in competition with children or ascendants. To ensure protection for the partner, a specific will or succession planning in life will be required.
This exclusion has raised criticism from legal experts, who point out the risk of neglecting the surviving spouse in families that did not plan the succession in advance. On the other hand, supporters of the measure argue that the change values the property autonomy of each individual.
Costs and Risks of Inventory
Many forget that the transfer of inheritance does not occur automatically. The inventory is mandatory and must be opened within 60 days after death, under penalty of a fine. Furthermore, the costs of the process can range from 10% to 20% of the estate, including taxes (ITCMD), notary fees, and attorney’s fees.
Delays or lack of inventory can block the sale, rental, or transfer of assets, leaving the entire estate paralyzed. This makes succession planning even more relevant, especially in times of legal changes.
Increase in Inheritance Tax in 2025
Another point that weighs heavily on families is the increase in ITCMD. In various states, the maximum rate has risen from 8% to 20%, primarily affecting large fortunes. This adjustment has led many families to anticipate donations in life, in an attempt to avoid higher costs in the future.
Additionally, since 2025, anyone receiving an inheritance over R$ 200,000 must mandatory declare it on their Income Tax, presenting proof of ITCMD payment. Omission can result in fines and even being caught in tax audits.
The Role of Wills and Lifetime Gifts
With the new rules, the will has become the main tool to ensure that the father’s wishes are respected. It can allocate up to 75% of the inheritance to a single child, but this desire must be formalized in a valid document.
Another practice that has gained traction is the gift with a reserved lifetime usufruct. In this model, the child receives naked ownership, but the father continues to enjoy the asset until death. This strategy reduces bureaucracies and can avoid lengthy and costly inventories.
The new law of 2025 has brought more freedom for parents to define the fate of their inheritance, but it has also opened space for new conflicts among siblings and complex legal disputes.
While it guarantees greater property autonomy, it also requires careful planning and legal guidance to avoid injustices or unpleasant surprises.
And you, do you believe that reducing legitimacy and allowing a father to leave almost the entire inheritance to a single child strengthens family autonomy or creates dangerous inequalities?
Share your opinion in the comments; we want to hear from those who have experienced succession dilemmas in practice.
Acho que pode ser um fator de desunião. À não ser quando um dos filhos não demonstra menor interesse,em nenhuma situação dos pais. Principalmente afetiva.
Acho justo. Tá cheio de filho que não tá nem aí pros pais. Ou pior, entregue a uma vida desleixada, nas drogas. Vão jogar tudo fora mesmo, melhor que os irmãos mais sensatos herdem a maior parte mesmo.
Sendo os bens do pai, porque os filhos tem que herdar??? Cada um que lute!!! Muitos filhos nem querem saber da existência do pai ou da mãe, mas depois querem herança.