The Chilean law has an order of inheritance when someone passes away; surviving spouse, children, parents, grandparents, siblings, and cousins, and even though through a will a person can give part of their estate to whomever the person wants, the law has the intention to protect the family and the overall social order preventing the exclusion of these family members through a will.

There are Chilean laws that need to be fulfilled to draft a will since it is considered a “solemn” act whose creation must have followed all required procedures to be considered valid, and it needs to take into consideration important aspects such as witnesses and language.

Chile usually requires anyone who is in possession of the deceased’s will to file it with the probate court as soon as it is possible. An application or petition to open probate of the estate is usually done at the same time.

This is a very delicate process involving foreigners (as testator, witness or beneficiary) and requires even more knowledge regarding Chilean legislation to ensure the validly of the testament and/or the rights of a foreigner under a Chilean probate procedure.