After the death of a person, their assets will be distributed among their successors or who said individual has appointed.To avoid conflicts, according to experts, it is better to leave detailed who will be the beneficiaries according to existing legal forms.
In most cases, before death, the deceased leaves a will in which he details how his assets will be distributed equally for all his descendants.However, there is always the decision to deliver the inheritance to a single child.
What is the distribution of inheritances in Ecuador?Rights and obligations
With respect to delivering the inheritance to a single person, the lawyer Jack Sotelo comments that it is valid, as long as the precepts contemplated in the Ecuadorian legislation are fulfilled, since it consists of an exclusion of a forced heir made by the deceased in his will,either for disinheritance or for declare unworthy.
The causes to disinherit a child
As a general rule, the descendant cannot be disinherited but by any of the causes contemplated in article 1two31 of the Civil Code, such as:
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1.Having committed serious injury against the testator, in his person, honor or goods, or in the person, honor or assets of his spouse, or any of his ascendants or descendants;
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two.For not having helped him in the state of dementia or helplessness, being able;
3.For having used strength or intent to prevent him from testifying;Y,
4.For having committed a crime to which any of the penalties designated in numeral 4 have been applied.º of art.311, or for having abandoned vices or exercised infamous farms;Unless it is proven that the testator did not take care of the disinherited education.
What happens to the properties without heirs in Ecuador?
These causes are only valid when it has been expressed specifically and under their will in the will.
Goods and debts are inherited
According to experts, the testament helps that there are no challenges, discussions and allows all parameters for distribution to be clarified.
A más de un testamento, otra forma legal de traspasar bienes son los fideicomisos, que son entes autónomos y legales, sin embargo, aquí a cambio de ese patrimonio que se aporta al fideicomiso se recibe derechos fiduciarios, que también son susceptibles de impuesto a la herencia.
When a person dies single and without offspring, if he has heritage, he passes to relatives to the fourth degree of consanguinity, unless there is a testament.If that scenario does not occur, the goods go to the State.
In addition, it should be known that inherit.If the debts are more, the inheritance can be repudiated. (I)