Inheritance in Peru

Answers to your qestions about moving to, and living in, Peru,
sarah003
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Inheritance in Peru

Postby sarah003 » Fri Jul 18, 2014 2:47 pm

I am married to a Peruvian Immigrant who has property in Peru. We made a 'separation of goods' contract before marriage. He has 2 children born in France from a previous marriage. I am a Peruvian resident. We have built another house on his land with my money also. In case of his death, what will happen to his property (and goods?) and the house which I have also invested in? I am worried that it will go to the government if they do not see there is a true inheritor. Thanks for any advise.


panman
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Re: Inheritance in Peru

Postby panman » Sat Jul 19, 2014 12:43 am

sarah003 wrote:I am married to a Peruvian Immigrant who has property in Peru. We made a 'separation of goods' contract before marriage. He has 2 children born in France from a previous marriage. I am a Peruvian resident. We have built another house on his land with my money also. In case of his death, what will happen to his property (and goods?) and the house which I have also invested in? I am worried that it will go to the government if they do not see there is a true inheritor. Thanks for any advise.

As much as I hate using them, you need to speak to a lawyer. I don't think there's anyone here qualified to give you true professional advise on such a delicate matter.
Last edited by panman on Sat Jul 19, 2014 1:16 pm, edited 1 time in total.
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captcosmic
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Re: Inheritance in Peru

Postby captcosmic » Sat Jul 19, 2014 11:56 am

There is a lawyer who answers questions at times on this board. ABEJORRO is his username. Peruvian inheritance law is based on old Spanish law. But like the above post I would pay a qualified lawyer and take his advice.
argidd
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Re: Inheritance in Peru

Postby argidd » Mon Jul 21, 2014 10:33 am

Definitely consult a lawyer.
As general knowledge, in Peru people who have direct family (spouse/children) don't need to provide a will. If they do and the will doesn't include the direct family, law dictates that the will is not valid.
So... as a spouse you get 50% of his "estate", then the other 50% is divided between you and his children.
Regards,

Argidd
Lloyd007
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Re: Inheritance in Peru

Postby Lloyd007 » Mon Jul 21, 2014 2:42 pm

I think you mean the ''separacion de bienes'' contract. Whatever property/land is registered in his name (and only his name), if he passes away then his immediate family get 75% and you as his legal partner gets 25%. I have a similar situation and this is what I was told (how accurate it was remains to be seen, as most things in Peru).

However, your case seems complicated as it is his land, but the house is built with your money and his money together - is this right?

As others have already said, you'll need to get some good legal advice to be sure.
sarah003
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Re: Inheritance in Peru

Postby sarah003 » Tue Jul 22, 2014 1:00 pm

However, your case seems complicated as it is his land, but the house is built with your money and his money together - is this right?

As others have already said, you'll need to get some good legal advice to be sure.[/quote]


Yes this is correct, its built with both our money.

Thanks everyone for your advice :)
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ABEJORRO
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Re: Inheritance in Peru

Postby ABEJORRO » Wed Jul 23, 2014 6:00 pm

Dear Expat,

Many thanks to our dear expats for their referrals.

Certainly, yoour case involves Family and Succession law, but it would require a detailed study of your case before a preliminary opinion can be given. We would need to know the extents of your post nup agreement and also know in detail both your and your spouse's estate included or not in this agreement.

However, as a preliminary information, I can say that according to Peruvian laws, your assets can be protected if right actions are taken within the law and a time frame.

Best regards,

Rafael Delgado
Rafael F. Delgado-Pacheco

http://www.delgadopachecolaw.com
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Cecile
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Re: Inheritance in Peru

Postby Cecile » Thu Jul 24, 2014 7:20 am

My Peruvian husband and I are struggling with the inheritance laws in Peru too, so we have each a will here and each one in the USA when we ever move back to TX. Peru and Louisiana use Napoleanic law, almost identical rules for each. You do need a will here, believe me, even though the will is only valid if it follows the Peruvian laws. My father-in-law's will was not valid (not written by our family lawyer, Teresa Corbera) and it was complicated with a daughter out of marriage (deceased with 4 living kids), and the succession was only completed after more than 6 years.

Our wills follow Peru laws. We have each 2 kids. If one spouse dies, the living spouse only gets usury rights and children get ownership of the deceased spouse's 50%. This includes any assets. The deceased 50% of cash is divided between the living spouse and the children. If the living spouse sells any assets, including the home, 50% of asset value is divided among the kids, nothing for the living spouse. Crazy, but it is the same in LA. My mother just passed away there and my dad is stunned because his lawyer allowed their wills to show all goes to the living spouse. See a lawyer. I can recommend Teresa Corbera, in San Borja, who my family here has used for almost 20 years. She speaks English, too.

We are about to sell our home we just finished building, in San Andres south of Lima, because of this Napoleanic law in Peru. We learned the law after we purchased land and were in the middle of building.
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rgbjr
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Re: Inheritance in Peru

Postby rgbjr » Fri Jul 25, 2014 11:46 am

Hello Cecile
Would you please post or message me the telephone number for Teresa Corbera.
Thank you
Bobby :D
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adrian Thorne
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Re: Inheritance in Peru

Postby adrian Thorne » Sat Jul 26, 2014 7:59 am

rgbjr wrote:Hello Cecile
Would you please post or message me the telephone number for Teresa Corbera.
Thank you
Bobby :D


I think this is the correct address

CL 29 225 Urb. Ur Mariscal Castilla , San Borja - Lima

Tel: (1) 435 - 4690 or (1) 437 - 7196
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rgbjr
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Re: Inheritance in Peru

Postby rgbjr » Sat Jul 26, 2014 10:19 am

Thank you
Adrian
Bobby :D

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