The Superior Court of Justice ruled that a 78-year-old widow is entitled to immediate payment of the monthly life pension left in her will, even before the probate process is completed. The payment had been denied by the deceased’s daughters, who claimed that the obligation would only arise after the estate’s assets were divided. The Court ruled that, since the legacy is of a welfare nature—similar to alimony—the amount must be paid from the opening of the estate, that is, upon the testator’s death.
The rapporteur, Justice Nancy Andrighi, emphasized that the widow was economically dependent on her husband and faced a vulnerable situation. Since the will did not specify when payments should begin, the Civil Code rule that establishes the obligation begins at the time of death applies.
The decision also considered the risk posed by the delay in the probate process and the conflicts between the heirs and the beneficiary. Therefore, the Superior Court of Justice (STJ) ordered the reinstatement of the monthly installments, which must be paid by the heirs in proportion to their shares of the inheritance.
The decision reinforces that the beneficiary’s subsistence must be prioritized and protected, especially in vulnerable situations. In such cases, the right to a dignified life and food security must prevail, ensuring immediate protection for the most vulnerable party in the inheritance relationship.
