Hello,

The Civil code does not expressly indicate that the testator is not allowed to include specific clauses in the Will that condition the inheritance to future divorces. Nevertheless, article 793 of the Civil Code render such a clause as void:


Article 793. The absolute condition of not making a first or subsequent marriage shall be deemed not written,
unless it is imposed on the widow or widower by the deceased spouse, or by the ascendants or descendants
of the latter.
However, the usufruct, use or habitation, or a personal allowance or benefit may be bequeathed by legacy to
any person for the time during which he remains single or widowed.

There are some authors that, regardless the analogic interpretation of this limitation, understand that it would equally affect the individual freedom; that is:

“The condition that encourages separation or divorce must be regarded as unlawful. , but not so the condition leading to financially support the person in such circumstances, which is a distinction that requires the interpretation of the will of the testator to find out the intended purpose.”

DURAN (1638, cap. III, nº 16)
FOLLIA CAMPS (2011, p. 279

As in most cases, it is a Judge who has the final say.

Regards,