It is important to know who is capable of succeeding in Colombia when faced with this type of situation.
Any person who exists at the time of the opening of the succession shall have the capacity to succeed in Colombia or:
- Upon fulfillment of the suspensive condition established in the will to acquire the inheritance right.
- Who, not existing, are expected to exist, provided that they come into existence within 10 years after the opening of the succession (death).
- Who, inheriting by transmission, exists at the time when the succession of the person by whom it is transmitted is opened
- That, being the allowance dependent on the rendering of an important service, even if not existing at the time of the testator’s death, it comes into existence and renders the service within 10 years thereafter
Inability to succeed
Expressly excluded from the possibility of acquiring such capacity are:
- Organizations without legal personality such as guilds or brotherhoods, unless legal approval is requested with the intention that the allocation be used to found a new corporation or establishment.
- If the will is granted in the last illness of the deceased, his confessor (in that illness or within the previous two years), his confraternity or his relatives within the third degree of consanguinity or affinity, unless such assignment would have corresponded to him in intestate succession.
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