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What is an intestate succession?

Intestate succession, what is it and what are its characteristics? What does intestate succession mean and how many types exist in Colombia.

In order to talk about intestate succession, it is necessary to begin by explaining what an intestate succession is. In this order of ideas, in the terms of article 673 of the Civil Code, a succession is a way of acquiring the right of dominion over the estate of the deceased (who dies), given that, by the succession by cause of death, this estate is transferred to that of his successors: heirs or legatees.

Types of successions

  1. Intestate Succession

  2. Testate Succession

  3. Mixed Succession

 

Intestate succession

 Thus, it is relevant to begin by mentioning that intestate succession is that which, according to article 1037 of the Civil Code, is governed by law.

Now, as for legislation, it is pertinent to keep in mind that thanks to Law 29 of 1982, today there is inheritance equality between children, matrimonial, extramarital and adopted. In addition, thanks to the declaration of conditional enforceability of Ruling C 238 of 2012, life partners also have inheritance vocation.

Thus, we know that we are in the presence of an intestate succession when (there are three situations):

  1. No will

  1. There is a will but it is not granted according to law.

That is to say, the person grants a will, disposes of his assets, but the will does not comply with the requirements stipulated in the Law, that is to say, it is vitiated by nullity. Example: a person was forced or compelled to write a will. Or he was accompanied to grant a will by unqualified witnesses. In these cases the will is annulled.

  1. There is a will, it is granted according to law, validly, but the dispositions are ineffective.. Example: Carolina left 100% of her assets to Philip and by the time the estate is opened Philip is deceased. In this case, the will becomes ineffective and therefore You have to go to intestate succession, which operates by law.

In our law firm in Medellin and Bogota, Cuadro Legal, we have family lawyers who are experts in inheritance and everything related to this subject. Any questions please contact us

Written by: Alejandra Cardona M.

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