In recent days, the case involving actor Stênio Garcia has gained media attention, bringing up a sensitive and highly relevant discussion on estate and succession planning.
In short, media reports indicate that the case involves a property located in Ipanema, acquired in the 1980s and later gifted to his daughter, with a lifetime right of usufruct reserved in favour of his ex-wife. Decades later, what we see is a scenario of conflict: disagreements over the management of the asset, claims regarding the collection of income from it, and family disputes involving the ex-spouse and heirs.
Regardless of the parties' differing accounts, the case clearly illustrates something we frequently see in practice here at Petereit Advogados: poorly planned estate structures — even when legally valid — can generate complex and often emotionally draining conflicts over time.
A gift with a reserved right of usufruct, for example, is a widely used instrument and, when well structured, can be extremely effective. However, the absence of clear rules on the management of the asset, the collection of income, limits on use, and conflict-resolution mechanisms tends to leave room for future disputes.
This is precisely where succession planning plays a strategic role.
Beyond simply anticipating the transfer of assets, a well-executed plan makes it possible to:
- clearly define the rights and responsibilities of everyone involved;
- establish governance rules over the assets;
- avoid ambiguities that could lead to conflicting interpretations;
- and, above all, preserve family relationships, preventing asset-related issues from escalating into litigation.
Experience shows that, in many cases, the cost of not planning — or of planning incompletely — is significantly higher than the investment needed to properly structure one's estate.
Our firm works precisely in this type of advisory work, helping clients organise their estate and succession planning in a technical, personalised and preventive way, always seeking to combine legal certainty, efficiency and peace of mind for the future.
Our team is available to assess specific situations and discuss the best alternatives for each case.
