Planejamento sucessório no brasil: o testamento como instrumento de prevenção de conflitos familiares e efetivação da vontade do testador

Abstract

This article analyzes estate planning within the Brazilian legal system, with a central focus on the will as a legal instrument aimed at preventing family disputes and enforcing the testator's wishes. The study discusses the mechanisms through which an individual can organize the succession of their assets during their lifetime, aiming to mitigate conflicts within the probate process, in strict compliance with legal limits, notably the protection of the necessary heirs' legitimate portion. For the development of this research, the deductive method was adopted, embodied in bibliographical and documentary research, covering the analysis of civil legislation, specialized doctrine, and the consolidated jurisprudence of the Superior Court of Justice (STJ). The investigation results demonstrate that, despite the limitations imposed by the legal system for the protection of the family nucleus, the ordinary will and its variations are established as safe and effective tools for asset distribution. It is concluded that the proper use of the testamentary route, in accordance with the principles of private autonomy and the social function of inheritance, significantly reduces emotional and financial exhaustion among successors, promoting social pacification and ensuring

compliance with the testator's last will and testament provisions.

Keywords: Estate Planning. Will. Private Autonomy. Family Law. Conflict Prevention.