Wills and inheritance: Peru

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krisserlis
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Inheritance Laws in Peru

Postby krisserlis » Wed Jul 10, 2019 9:38 pm

Having just read the article posted on Expat Peru FB page, I understand what happens if you are residing in Peru and have property there when you die. Does anyone know what happens if you are a Peruvian dual citizen and have resided out of Peru for over 30 years and own property there?

This is my husband's situation. Neither I nor my daughters wish to inherit the property in Peru. We'd like it left in trust to my husband's siblings so that it can serve all of them. Is this possible? Two siblings hold poders to be able to sell the house. Would it be better to sell it now before my husband dies and invest the money and have dividends or interest used by the family in Peru? Not that I'm expecting my husband to die imminently, but are both getting on and I really don't want to be left with having to sort out the legalities of inheriting property in Peru - or worse my daughters, who have lived their whole lives in Australia - having to face this issue. Thanks!


RGB
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Re: Wills and inheritance: Peru

Postby RGB » Thu Jul 11, 2019 5:51 pm

Hello, Please note that if you do not want to inherit property in Peru, it will be advisable to sell it before. Indeed, once the owner of the property passes aways, you will need to face some legal issues in Peru. As we wrote, according to Peruvian international private inheritance law, a person’s inheritance shall be subject to the laws of his or her last place of legal residence, which is not always easy to enforce in Peru. Regards, RGB
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Alan
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Re: Wills and inheritance: Peru

Postby Alan » Fri Jul 12, 2019 11:23 am

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amigorick
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Re: Wills and inheritance: Peru

Postby amigorick » Fri Aug 16, 2019 3:52 pm

What happens in the case of a Peruvian resident or citizen that has no spouse or children, and only has surviving brothers and sisters? Can they will 100% percent of estate to anyone?
RGB
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Re: Wills and inheritance: Peru

Postby RGB » Fri Aug 16, 2019 6:10 pm

amigorick wrote:What happens in the case of a Peruvian resident or citizen that has no spouse or children, and only has surviving brothers and sisters? Can they will 100% percent of estate to anyone?


Hello,

According to articles 725, 726 and 727 of the Peruvian Civil code, if someone has only surviving brothers and sisters, he or she may freely dispose of 100% of the estate. Regards RGB
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Re: Wills and inheritance: Peru

Postby pone » Sat Sep 28, 2019 10:25 pm

RGB wrote:
amigorick wrote:What happens in the case of a Peruvian resident or citizen that has no spouse or children, and only has surviving brothers and sisters? Can they will 100% percent of estate to anyone?


According to articles 725, 726 and 727 of the Peruvian Civil code, if someone has only surviving brothers and sisters, he or she may freely dispose of 100% of the estate. Regards RGB

Let's consider a deceased person who dies with no will, and with no surviving husband or descendants or ascendants. The deceased had four brothers, all deceased. Three of the brothers have surviving children. How do you calculate who are the heirs in such a case?

Would the court divide the deceased's assets into three parts corresponding to the three brothers with living children? Would each one of those three parts then be distributed equally among the living children of each deceased brother? Or would instead the court take all of the surviving children of those three deceased brothers and divide the entire estate in equal parts among them?

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