Minister Nancy Andrighi, of the Superior Court of Justice (STJ), pointed out: “to love is a faculty, to care is a duty”. Article 229 of the Federal Constitution states that "parents have the duty to assist, raise and educate minor children, and older children have the duty to help and support their parents in old age, need or illness”.
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Such statements lead us to question: can the inheritance of the children be greater for the one who most fulfilled the duty of caring for the now deceased parents? Find out below.
Who cared the most will have access to the largest portion of the inheritance?
Proximity to parents' home, more free time due to unemployment or retirement, better financial conditions for purchasing medication and health care in general: these are some of the reasons why some children place greater responsibility on themselves in caring for their parents during old age.
Because of this, many are led to believe that they will be entitled to a larger portion of the inheritance when these parents are deceased, but does this really happen or is it just a myth?
Who is entitled to inheritance?
The legitimate inheritance, which represents 50% of the total inheritance, will be shared among the necessary heirs. They are defined in the following order:
- Descendants: children, grandchildren, great-grandchildren and others;
- Ancestors: parents, grandparents, and great-grandparents.
- Spouse or partner: the person with whom he or she had a stable union or was married to the deceased.
Among the children, is it possible to have a difference between the values?
By law, the assets of deceased parents must be distributed in equal parts to the necessary heirs (be they children, grandchildren, grandparents, parents, etc.). Due to this, even if one of the children has assumed greater responsibility in the care of the parents, the share of the inheritance will be the same as that of his brothers.
So it is not possible, by law, to leave a greater inheritance for a certain child?
Yes, there is the possibility of a child receiving a larger inheritance than the others, but this should only occur if, by will, the parents determine that the other half of the equity portion – that is, the available inheritance – will be donated, partially or totally, to the child wanted.
This choice must be determined exclusively by the deceased, since the available inheritance can be freely distributed according to the interests of the owner of the assets.
