Getting a will in Ecuador

[GRETCHEN SOLDAT]

Hi Experts,

Do you residents have an Ecuadorian will for your property here? I have several relatives here, and have gotten the usual conflicting information. One said that no matter what a will says, the law is very strict and inheritances will be distributed according to it; i.e. half to children, half to spouse. So my relatives don’t even have wills here. But I can’t imagine the authorities here respecting a U.S. will.

What do you do?

Thanks, Gretchen

[Country Expert Jim Santos]

Hi Gretchen –

That is a tricky issue. As you know, the laws are constantly changing. I think the best advice I can give you is to talk to an Ecuadorian Attorney to get up-to-date information. There are several listed in our Rolodex page to get you started: https://members.internationalliving.com/country_clubs/ecuador/rolodex/
.. or of course, ask other expats who they may have used.

Frankly, we are still back-and-forth ourselves on whether or not to get one. Keep in mind only property and assets (bank accounts, for example) in Ecuador will be affected by Ecuadorian law. US assets will be distributed according to US law.

And by the way – I saw in a different post you brought some guitars into Ecuador – let me know if you are in the Salinas area and want to jam! I brought 6 bass guitars, one acoustic guitar, two electric, a Chapman Bass Stick, 4 ukuleles, an electric piano, digital recording equipment, and other assorted odds and ends.

-jim

[COUNTRY EXPERT – WENDY DECHAMBEAU]

My attorney here in the Cotacachi/Otavalo area told me that wills from other countries hold no weight here. If you want to dictate how your property in Ecuador will be divided after your death you’ll want an Ecuadorian will.

So, if you would like all of your property to pass to your spouse instead of half going to your children, you can specify that in your will. However, your children would have 3 years to contest the will if they weren’t happy with being left out. In that case, there’s no telling what a court might decide.

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