Exclusion for indignity and disinheritance

In case someone has necessary heirs (descendants, ascendants or spouse), this person can dispose of up to 50% of its inheritance, the rest being reserved for the legitimate heirs. However, the Brazilian Civil Code provides for two possibilities of exclusion: indignity and disinheritance. The indignity is declared from an act that, when practiced, makes the heir excluded to the succession; it can be applied to any heir, being it descendant, ascendant, spouse, collateral of up to fourth degree, or testamentary. The causes of the declaratory action of indignity can be acts against life, in which the heir must deliberately attempt against the life of the author of the inheritance, co-author or participant; acts against honor, acts of libel, slander and defamation made by the unworthy heir against the author of the inheritance, their spouse or partner; and acts against freedom, based on the fact that no successor can prevent the author of the inheritance from choosing the way in which he leaves his property. There may be the rehabilitation of the unworthy through an express document authored by the victim. Already the disinheritance only achieves the necessary heirs and must be indicated obligatorily by a will in which the tester indicates that reprehensible act are the very causes of disinheritance. Disinheritance can include cases such as physical offense, serious injury, helplessness of the person with serious illness, and even cases of indignity. In disinheritance there is no forgiveness, and the author of the inheritance may revoke the same in case he wishes. In the event of filing of actions of indignity or disinheritance, the heirs can only be considered unworthy or disinherited after the judgment of the appropriate action.