How to Legally Include Your Children in Your Estate: Practical Peruvian Law Guide
Political Constitution of Peru (Art. 6) and Peruvian Civil Code.
Article 6 of the Peruvian Constitution guarantees equal rights and duties for all children regardless of parental marital status.
Proper testamentary allocation helps prevent co-ownership disputes among half-siblings by assigning specific assets while respecting forced shares.
If an heir is unintentionally omitted from a will (preterición), they may file a petition of inheritance to recover their statutory share.
Procedural Criteria & Legal Rationale
Peruvian law prohibits discrimination between marital and non-marital children; all inherit in equal statutory proportions.
Formal birth registry acknowledgment or judicial paternity establishment provides full standing to claim hereditary shares.
Structured estate planning uses the disposable one-third share to provide additional support where needed without infringing mandatory shares.