Because of several questions about WILLS, ESTATES, AND THE INHERITANCE processes in Colombia, I have decided to comment about the topic to illustrate TO all client of how Colombian laws deal with this matter.
Succession or Inheritance laws for foreign citizens
There are two ways to study it.
- a) The death ofaforeign citizen.
- b)Whenthe foreign citizens receive a legacy. (Inheritance)
- a) In the first case, the article 1054 of the Colombian civil code states that in the succession/estateof a foreign citizen, the Colombian people have the right toinherit, 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 will be ruled by Colombia’s laws and not by the foreign citizens home country ONLY FOR THE ASSETS LOCATED IN COLOMBIA.
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
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
