FAQ / Wills & Estates
Frequently asked wills questions.
Answered by Sabrina Candela, ELG wills and estates lead. Cases vary; nothing here is legal advice for your specific situation.
01 Is my US, Canadian, or European will valid for my Ecuadorian assets?
No. According to the Civil Code, if a person owns property in Ecuador, the inheritance and succession of those assets are regulated by Ecuadorian law, not by the law of the country of origin. A foreign will, even apostilled, is not enforceable over Ecuadorian assets unless it observes Ecuadorian formalities.
02 Can I leave everything to whoever I want?
No. Ecuadorian forced-heirship rules split the estate: 50% to children and living parents in equal shares, 25% to descendants in proportions you choose, and only the remaining 25% is of "free disposition."
03 What happens if I die in Ecuador without a will?
If you die without a will in Ecuador, the assets will be distributed under Ecuadorian intestacy law. Order: children first, then spouse plus parents, then spouse alone, then siblings, then nephews and nieces, eventually cousins or the Ecuadorian government. Expats without family in-country risk assets escheating to the State.
04 What is a "closed will" (testamento cerrado) and why do I need one?
If you do not speak Spanish, Ecuadorian law requires a 'closed will': a Spanish legal version plus English translation, five Ecuadorian witnesses over 18 who reside in your city, a translator present at notarization, sealed and filed.
05 Can my spouse and I sign one joint will?
No. Even if a couple is legally married, and even if their marriage is registered in Ecuador, they cannot produce a joint will. This is not recognized under our law. Each spouse must have an individual will.
06 My spouse's name isn't on the property, can I leave 100% of it in my will?
No. Under "sociedad conjugal," assets acquired during a registered marriage are 50/50 regardless of whose name is on the title. Your will can only dispose of your 50% share.
07 How much does an Ecuadorian will cost?
Sabrina's professional fee is $650 plus IVA. Notary fees are separate and are dramatically age-tiered: about $600 for under-65s versus about $30 for 65+.
08 Do I need to update my will every time I buy a new asset?
No. With proper "future assets" clauses, one will can cover both current and future patrimony. Update on major events: new real estate, new financial institution, marriage or divorce, birth or death of beneficiaries.
09 Do I also need a Power of Attorney alongside my will?
Yes. Different purposes. A POA governs decisions while you are alive but incapacitated (medical, banking, property); the will governs after death. POAs start at $120 at ELG including legal fees and translation.
10 How do I retrieve US vital records I need for succession here?
Sabrina's card covers US certificate retrieval (single-status, marriage, birth, divorce) at $180 plus IVA, US notarization plus apostille at $250 plus IVA, and apostille processing in Ecuador at $200 plus IVA.
Answers by Sabrina Candela. Cases vary; nothing here is legal advice for your specific situation. Send your situation to talk through your case.
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