Matrimonial regime and will are two different matters

In Brazil, the matrimonial regime, in the occasion of the marriage, even if it is regulated by the legal separation, does not affect the capacity of making the will by any of the spouses. After all, if the legal separation regime is consolidated when the mutual desire of dissolving the common-law marriage, the will operate in case of death, and it is not linked to any desire of physical or emotional separation.

The only interference of the matrimonial regime in the succession is that, in cases of legal separation, the spouse won’t be a forced heir. Therefore, any of the spouses can freely make a will upon the disposable portion of the estate in benefit to the other spouse or to any third party.

Therefore, if the disposable portion concerning to the heirs is respected, it is completely possible and valid the will , even in the legal separation regime, institutes donations and heritages in benefit of the surviving spouse.