Forced heir

A relative whom the law protects with a right to a minimum share of the estate, known as the legítima, from which they cannot be deprived without a serious reason expressly provided by law. Forced heirs are descendants, such as children and grandchildren, ascendants, such as parents and grandparents, and the spouse. Because of them, anyone making a will may freely dispose of only half of their assets.

To screen the deadline, procedure, and risks involved in probate, use the Succession Quality Checker.

Statutory reference: Law 10.406/2002 (Civil Code), arts. 1845.

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