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BASIC EXPLANATION OF THE SUCESSION PROCESS IN COLOMBIA

By Esteban Rada Colombian lawyer English speaker lawyer in Colombia email:lawyerscolombia@yahoo.com

Because of several questions about wills and the Colombian inheritage process, I decided to write some brief articles about the Topic to illustrate about how Colombian laws are handled on this matter.

Succession for foreign citizens

There are two ways to study it.

a) The death of foreign citizen. b) When the foreign citizens received a legacy.

a) In the first case, the article 1054 of the Colombian civil code states that in the succession of a foreign citizens, the Colombian people have the right to inheritage, including the benefit to ask for food support and wife’s portion (tool use for wife or men when their mate died and they don’t have the money to survive by themselves)

When the foreign citizen dies outside Colombia but he has assets inside this nation (Colombia), the succession process will be ruled by Colombia’s laws not mattering the existence of an additional case outside the territory.

The place where the succession process of the foreign citizen 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 a trouble.

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

The article 1053 of the civil code orders that Colombians and foreign 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 process 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 to give in a correct way the 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 English speaker solicitor in Colombia Email: lawyerscolombia@yahoo.com