To know how the inheritance is divided of someone, it should be known that this aspect varies with some factors, such as, for example, the configuration of the family at the time of death and whether there is a will. However, many question their share of the inheritance, due to the greater care they had with the deceased. To better understand about breakdowns, it is necessary to know the rules and exceptions.
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Some heirs claim that because they took better care of the deceased, they should receive most of the inheritance. Could this doubt be real? Regardless of the reason behind this care, a deceased person's estate is defined by law as it should be followed.
The will may dictate part of the rule
People can freely choose the path of part of their assets through a document called a will. Brazilian law allows this privilege with only 50% of your assets, the other half must be distributed to relatives specified by law (called necessary heirs).
Who fits as necessary heirs?
The so-called legitimate inheritance represents 50% of the total estate value of the deceased, which must be distributed among those who are defined as necessary heirs, which are defined in the following order:
- Children, grandchildren, great-grandchildren (descendants);
- Parents, grandparents and great-grandparents (descendants);
- Spouse or partner: Those who maintained a stable union or marriage with the deceased are included.
Note: The persons defined above only fail to receive part of the legitimate inheritance in exceptional cases, such as, for example, when they commit crimes that make them “unworthy heirs”.
Is it possible to have a difference between the divisions of the children?
By law, the estate of a deceased parent must be divided equally among all necessary heirs. Therefore, even if one of the children assumes greater responsibility for caring for the parent, the share of the inheritance will be equal to the brother's share.
The only possibility of different allocations among the children
It is possible for a child to receive a greater estate than other children, but this will only happen if the parent determines voluntarily that the other half of the assets (available inheritance) will be donated in part or in full to the descendant who to choose.
Thus, this choice should be solely and exclusively at the discretion of the deceased, as the available assets can be freely distributed according to the interests of the owner of the asset.
