Stable Union and Succession Rights

Introduction

Succession law governs the transfer of assets after the death of one of the partners. A common question in cases of a stable union is whether the surviving partner has the same inheritance rights as a spouse in a formal marriage.

Succession Rules in a Stable Union

Following the decision of the Brazilian Supreme Federal Court (STF) in the judgment of RE 878.694/SC, it has been established that the surviving partner in a stable union has the same inheritance rights as a legally married spouse. This ensures their right to inherit alongside the deceased’s descendants and ascendants.

If there are no descendants or ascendants, the surviving partner inherits the entire estate. However, it is highly recommended that couples in a stable union engage in succession planning to avoid legal disputes and ensure their rights are respected.

Conclusion

While a stable union is already protected under succession law, proper estate planning can prevent future disputes and provide greater security for both partners

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