The hereditary right is defined as a complex of principles, by which the transmission of the heritage of someone who ceases to exist is carried out, recording the history of peoples, the most heated debates between jurists and philosophers, who sought the meaning of this transmission because of the death.

 Derogatory ideas of inheritance law emerged, as were the socialist advertisements that intended to abolish succession due to death, as movements emerged proposing the extinction of succession law, and the elimination of collateral heirs.

 The hereditary right imposes itself as a natural complement of generation among men; stemming from an uninterrupted chain that unites the generations, as the continuity of the descendants advances and prospers by the instinct of conservation and improvement of their family, whose successors he seeks to secure some stability.

 Kinship and succession are closely linked, and with death children, as a rule, consolidate ownership of the inheritance of their ancestors and project the memory of their ancestors, from whom they absorb goods and social position.

Succession therefore has a transcendent meaning, as it responds to the triumph of family love and strengthens the family formed by the one who died. The State itself has an interest in the succession, because to the extent that it protects the family, it ensures its own economy, as there is only a strong State if there is a family and the right to inheritance, since without inheritance people’s production capacity would be compromised and his interest in producing and saving, since enormous effort and a life dedicated to work would be of no use if his family would not be the final recipient of his material riches.

Succession law regulates legitimate succession, whose heirs are designated by law, and testamentary succession, when it stems from the will of man, manifested in a valid will. The succession of the law guarantees the right to inheritance for certain heirs, some in the absence of others, preferring as necessary or legitimate heirs, the descendants, ascendants or the spouse, and any one of these three classes of heirs has the right to the legitimate, which respects to half of the goods of the one who dies. This is because, in Brazilian law, there is a limitation on the free availability of a testamentary and in the event of the existence of a necessary heir, the testamentary succession is subsidiary, it only affects the so-called available portion, which are the other 50% of the assets left by the deceased, the moiety of the surviving spouse’s assets has already been abstracted.

All of this means adding that, if there are necessary heirs, the inheritance must be considered as divided into two parts, one portion rightfully belongs to the necessary heirs and the other can be freely disposed of by the testator and, if these so-called necessary heirs are absent, the testator he has all his assets to dispose of them through a will.

Carlos Maximiliano justifies the roots of legitimate succession as being a social concern with family unity and solidarity, assuring the law a hereditary quota for relatives closest to blood and family ties. Therefore, there are two types of succession, one of the law and the other that derives from the will, whose succession is based exclusively on the will of the testator, according to the solemn disposition that he makes through a will, public, closed or private and, in whose instrument, as In an act of last will and testament, the disposing party disposes of his assets, without being prevented from using the testamentary ballot to record decisions of an off-balance sheet nature.

The will is a personal, unilateral, spontaneous and revocable act, being a disposition of the last will with which the person determines the destination of his patrimony or part of it after his death, and the will must meet the formal requirements in order not to be subsequently invalidated. , with no chance of being repeated, because it is only valid and relevant after the death of the testator. The will covers manifestations of a personal and family nature, taking care of the testator to govern the exact content of his personal and economic concerns, trying to arrange in the patrimonial and personal plan the future address of his assets, for after his death, surrounding himself with directed sharing and, if you find it necessary, including what you would like to have said in life or that even having said it in life,

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