THE WILL AND SUCESSION (INHERITANCE) PROCESS IN COLOMBIA

by

Esteban R.( Lawyer CO)
colombian lawyer
email: lawyerscolombia at yahoo.com

Because of several questions about WILLS, ESTATES, AND THE INHERITANCE processes in Colombia, I have decided to comment about the topic to illustrate TO PBH members how Colombian laws deals with this matter.

Succession or Inheritance laws for foreign citizens

There are two ways to study it.

a) The death of a foreign citizen.
b) When the foreign citizens receive a legacy. (inheritance)

a) In the first case, the article 1054 of the Colombian civil code states that in the succession/estate of a foreign citizen, the Colombian people have the right to inherit, including the right to ask for food, support and a legal right to part of the assets. (example: wife has no means of support following the death of her spouse)

When the foreign citizen dies outside Colombia but he has assets inside this nation (Colombia), the succession process over the assets in Colombia will be ruled by Colombia’s laws and not by the foreign citizens home country.

The place where the succession process will be opened is his/her last address in Colombia. Of course, the non nationals have the same rights as Colombians beneficiaries but in practice there may be trouble.

b) The foreign citizen as beneficiary in a succession/inheritance process.

The article 1053 of the civil code orders that Colombians and foreigners have the same rights, and must accomplish the same duties that the law orders.

In practice when a foreign citizen dies and he/she has assets in Colombia and in other countries, there are 2 succession processes opened under the law of the nation where the goods are located.

In the next article I will explain more details of this common topic and how visitors must have in order their last will.

If you need some assistance on a related matter or in legal issues, don’t hesitate to contact me

Esteban R.
Colombian lawyer
Email: lawyerscolombia at yahoo.com

By lawyer CO on Nov 29, 2007, 06:10 in Visa & paperwork.

msaucey says on Nov 29, 2007, 07:45:

Esteban, how funny... I was actually thinking about this earlier today.....

If you could comment on what needs to be done in the following situations...

1. My Grandmother is in her late 70's in Colombia, all she needs to do is have a will, right?... Who inherits the house and other properties.... Now, what about for bank accounts, I think there is something similar to a power of attorney... Those items would need to be taken care of before she passes away, correct?

2. For my mom, I'm the only child, so technically I get everything... I'm working on getting my Colombian Cedula, but wanted to find out if there will be any issues on property rights or anything else I need to think about....

Any info will be helpful...

The trouble about trying to make yourself stupider than you really are is that you very often succeed. - CS Lewis

0 funny, 0 helpful.

elk says on Nov 30, 2007, 06:58:

Esteban:

Thanks for the post!

I would like to know more about the Colombia power of attorney. Is it similar to a Power of attorney in the U.S.?

0 funny, 0 helpful.