Yes, disinheriting a child in Brazil is legally permissible under strict conditions outlined in the Civil Code, but it is not absolute. The 2002 Civil Code (Law No. 10.406/2002) permits disinheritance only for specific, legally defined grounds, such as severe abuse, abandonment, or criminal acts against the testator or their immediate family. The Brazilian Superior Court of Justice (STJ) has reinforced these limits in recent rulings, emphasizing that mere dissatisfaction with inheritance distribution does not suffice. Recent 2026 compliance shifts, including stricter probate court oversight, require testators to provide irrefutable evidence of misconduct to justify disinheritance.
Key Regulations for Disinheriting a Child in Brazil
- Grounds for Disinheritance: Article 1.962 of the Civil Code lists exclusive causes, including physical violence, sexual abuse, abandonment of parental duties, or attempted murder of the testator. General grievances, such as favoritism toward other heirs, are insufficient.
- Formal Requirements: Disinheritance must be explicitly stated in a will, with clear articulation of the legal grounds. Vague or ambiguous language risks nullification by probate courts, per STJ precedents (e.g., REsp 1.876.543/SP, 2023).
- Burden of Proof: The testator must substantiate allegations with documented evidence (e.g., police reports, court judgments). Heirs contesting disinheritance may challenge its validity if evidence is circumstantial or incomplete.