Family and Succession Law

Few matters affect people’s lives as profoundly as family and succession issues. A divorce, a child custody dispute or probate proceedings following the loss of a loved one are moments in which emotion and important legal decisions converge, often under considerable pressure. At TAGD Advogados, we understand that every case has a personal story, and we approach our work with that in mind. Our team draws on extensive family and succession law experience to guide you through each stage with clarity, respect and confidence. We act in both contentious proceedings, when court action is required, and advisory matters, seeking agreements and solutions that preserve relationships and assets. We advise on divorce, dissolution of stable unions, custody and visitation, child and spousal support, paternity proceedings, judicial and out-of-court probate, as well as succession planning and family wealth structuring. Our commitment is to translate the law into practical decisions, helping you protect those you love and everything you have built. You do not have to face this moment alone: we are by your side to guide each choice with legal expertise and sensitivity.

How we advise clients on family and succession law

Divorce and the recognition and dissolution of stable unions, with a focus on negotiated solutions and fair division of assets.
Child custody, visitation arrangements and support proceedings, always prioritizing the children’s well-being.
Paternity proceedings, recognition of biological and socio-affective parentage, and adoption proceedings.
Judicial and out-of-court probate proceedings, wills and succession planning.
Prenuptial agreements, stable-union agreements, matrimonial property regimes and amendments thereto, as well as annulment of marriage.

Why choose TAGD at this important time

MORE ABOUT FAMILY AND SUCCESSION LAW

Family and succession law governs personal and property relationships within families and determines how assets are transferred after a person’s death. It encompasses matters ranging from marriage, stable unions, custody and support to probate, division of assets and wills. Beyond resolving disputes, this field provides predictability and protection for family relationships and assets accumulated over a lifetime.

In Brazil, these relationships are primarily governed by the Civil Code, which addresses matrimonial property regimes, prenuptial agreements, stable unions, succession and wills. Assets may be transferred through judicial or out-of-court probate proceedings and are subject to ITCMD, the state tax on inheritances and gifts. For those wishing to plan ahead, succession planning and instruments such as family holding companies can organize succession, reduce disputes and make asset management more efficient, always within the bounds of the law.

At TAGD Advogados, we combine legal expertise and sensitivity to handle each matter according to your circumstances. We analyze your situation, explain the options in plain language and design the most appropriate strategy, whether a settlement, court proceeding or succession plan. Our work is integrated with our Wealth Planning, Tax, and Corporate and Business Law practices, providing a comprehensive view of your family and assets. Speak with a TAGD specialist and take the next step with confidence.

Frequently Asked Questions

Q: What is the difference between judicial and out-of-court probate?

A: Out-of-court probate is completed through a notary’s office and is generally faster when all heirs agree, are adults with full legal capacity, and there is no will. Judicial probate is required when there is a dispute, a minor or legally incapacitated heir, or a will to be implemented.

Q: How long does a divorce take?

A: It depends on the circumstances. An uncontested divorce may be completed within a few weeks, including through a notary’s office. A contested divorce involving disputes over assets, custody or support generally takes longer because it requires a court decision.

Q: Do I need a will to organize my estate?

A: A will is not mandatory, but wills and succession planning help prevent disputes and give effect to your wishes within the limits of the law, which reserves a portion of the estate for forced heirs.

Q: What is a family holding company, and when is it worthwhile?

A: It is a company established to hold and manage family assets, facilitating succession and asset management. It may offer organizational and tax advantages, but whether it is appropriate requires a case-by-case analysis.

Q: Is probate possible when an heir is a minor?

A: Yes, but probate is generally conducted through the courts in such cases, with the Public Prosecutor’s Office participating to protect the minor’s interests. The parties may still reach an agreement, provided it is approved by the court.

Q: When is succession planning advisable?

A: The sooner, the better—especially when there are substantial assets, a family business, real estate or concerns about preventing future disputes among heirs.

Q: Is out-of-court probate always faster?

A: Generally, yes, but an efficient process depends on satisfaction of the legal requirements, complete documentation and consensus among the heirs.

Q: How can family law help protect assets?

A: Instruments such as prenuptial agreements, the selection of a matrimonial property regime, succession planning and well-structured agreements can reduce disputes and organize succession securely.

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