WILLS AND PROBATE LAW IN CHILE

In Chile, with a testate will, a person can designate his/her assets with certain limitations: The person does not have full freedom to make the will, because in Chile you are obligated to respect the forced family allocation (children and the spouse), who are entitled to ¾ of the decedent’s assets.

In a probate procedure without a will it is the legislator who regulates the succession and who determines who the heirs are. However, the legislator does not do this in an arbitrary way; it needs to be done according to certain principles.