CHALLENGES OF ESTATE SUCCESSION IN PLURAL FAMILY STRUCTURES: AN ANALYSIS IN LIGHT OF SOCIO-AFFECTIVE FILIATION AND MULTI-PARENTHOOD

Abstract

This article analyzes the challenges of property succession in families with multiple family units in the context of socio-affective filiation. The research’s central problem is to investigate how socio-affective filiation and multi-parentage impact estate planning in the Brazilian legal system. The general objective is to analyze the legal and patrimonial challenges arising from these new family configurations, with the specific objectives of identifying the main succession conflicts, evaluating the effectiveness of succession planning instruments and analyzing the effects of multiparenthood in Succession Law. The methodology adopted was qualitative, based on bibliographical research and analysis of jurisprudential cases. The results indicate that the lack of succession planning and dialogue between family members intensifies legal disputes, increases inequalities in the distribution of assets and weakens assets. In this context, instruments such as the will, the constitution of family shares and mediation are effective in organizing succession. It is concluded that the adoption of succession planning and asset governance practices is essential to ensure greater legal security, equity in sharing and preservation of family relationships.