My ex-boyfriend wants me to be his only heir. It’s possible?

Reader Question: My ex-partner wants me to inherit his house, land, and bank account. We had been a couple for a few years and never married civilly. She has an adult son and other relatives like a sister and nephews. Yet she wants me to inherit her property. It’s possible?

Response from Samir Choaib and Lais Meinberg Siqueira*

Considering that the stable union formed between you has been dissolved, there is no degree of kinship between you and your ex-partner. Therefore, you can benefit from part of their assets, as long as the amount does not exceed 50% of their total assets (the so-called ‘disposable part’ of the inheritance).

The attribution of the assets to the benefit of the non-heirs (former partner) and/or collaterals (sister and nephews) can be done in life, by donation or by will, with effect after the death of the owner of the heritage, always respecting the limit of available inheritance.

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It is also recommended, in the case of living donations, to mention in the document that it is a donation of the available portion.

The remaining 50% of the assets, in turn, are guaranteed, by law, to the necessary heirs: descendants, ascendants or spouse/partner (the so-called “legitimate share” of the inheritance).

In the case therefore, 50% of your ex-spouse’s assets must go to her son – in this case, the only legitimate heir – and the remaining 50% can be distributed as she wishes, to you, sister or nephews, either by living donation or by will.

Finally, remember that in the absence of donations and a will, the entire estate of his ex-spouse will be intended for his son, because he is, legally, his only necessary heir.

*Samir Choaib is a lawyer and economist graduated from Mackenzie University, graduated in tax law from the PUC-SP. He is a partner at Choaib, Paiva e Justo, Advogados Associados, responsible for the office’s succession planning area.

*Lais Meinberg Siqueira – Lawyer graduated from Universidade Presbiteriana Mackenzie. She studied accounting applied to law at GVLaw/SP and is currently following a postgraduate course in business law at FGV. She works at the firm in the areas of estate planning and tax advice to individuals.

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