The number of wills broke a record in Brazil last year. Security, facilitation and possible change are reasons.
38.740 wills over the course of a year: there have never been so many wills registered in the Brazil as there was in 2025.
The data compiled by the Brazilian Notary Offices present the largest number ever. And one 21% growth in the last five years, representing an increase of 1.4% compared to 2024.
A indicates that this peak is synonymous with greater demand for legal security and is also a consequence of scanning, easier access through digital platforms.
Now, the process can be carried out online via the e-Notary platform, via video call and digital signature.
The procedure, whether physical or digital, requires the presence of two witnesses.
The will prevents succession from depending exclusively on the automatic application of the law; and also avoids protracted legal disputes.
If there is no will, the Civil Code dictates the laws. The process may reach the State if there are no heirs identified.
But there is more…
It’s just that there is a reform, precisely from Civil Code Brazilian. These are the biggest changes to inheritance rules since 2002.
The obligatory part of the inheritance (called “legitimate”) falls from 50% to 25% of the assets.
Translated: the person who draws up your will has decision-making powers over 75% of your assets – instead of the current 50%. Instead of leaving the mandatory 50% for othersthat mandatory percentage (for others) drops by half, to 25%.
There is also another relevant change, highlights the law firm: spouses and partners are no longer “necessary heirs” – they no longer have a guaranteed right to part of the inheritance.
With this change, the new order is this: children and grandchildren, then parents and grandparents. Only later do the companions appear – that is, if there are children, grandchildren, parents or grandparents… the partner has no right to anything.
The amendment project is being analyzed in the Federal Senate. It must be voted on in July 2026. If approved, the reform of the Civil Code could come into force at the end of 2026 or 2027.
There may be a greater “race” to take advantage of the law while it is still in place: the 50% of the legitimate inheritance and the fact that the spouse is (still) the priority, “necessary” heir.
Nuno Teixeira da Silva, ZAP //
