If you live in Ecuador or own property here, it’s essential to understand how inheritance laws work. Under Ecuadorian law, you don’t have full freedom to distribute your assets as you wish. Even with a will, part of your estate must go to your children, though legal tools exist to protect a surviving spouse or partner.
Inheritance With a Will:
Ecuador’s Civil Code divides your estate into three portions:
– 50% must be shared equally among your children (or parents, if alive).
– 25% may be distributed among your descendants in any proportion you choose.
– 25% is entirely free to assign—to a spouse, partner, friend, or charity.
This system ensures that close family members, especially children, cannot be disinherited. While more restrictive than US or European systems, proper legal planning can still safeguard your spouse or partner’s financial stability.
Inheritance Without a Will:
If you die intestate, Ecuadorian law strictly determines your heirs:
– Children inherit everything.
– If no children, the spouse and parents share equally.
– If no parents, everything goes to the spouse.
– Then siblings, nieces, nephews, and cousins.
– If no relatives exist, the estate passes to the government.
Protecting your spouse or partner: Unlike in many Western countries, you cannot legally leave everything to your surviving spouse. However, there are valid strategies to achieve similar results, such as:
· Renunciation of marital property rights (renuncia de gananciales)
· Marital or prenuptial agreements (capitulaciones matrimoniales)
· Special provisions within the will
Each case requires personalized planning to ensure your assets are distributed as you intend and that your spouse is not left unprotected. Proper estate and financial planning in Ecuador can help you respect the law while fulfilling your wishes. Understanding these rules—and acting in time—ensures that your legacy benefits the people you truly care about.
Attorney Sabrina-Candela,
Phone number: 093 906 2758
City: Cuenca
