In Dominican Republic, if a person dies without a will, strict guidelines that prioritize specific family members may apply according to forced heirship rules i.e., legal provisions that guarantee a portion of an individual’s estate to specific heirs. Nonetheless, you may dispose of a specific portion of your assets and, in some scenarios, the testator may have complete asset disposition, thus the importance of having a will in place that is valid, regardless of your nationality or residence.

Having a will in place can help you decide on the distribution of your estate, especially given the rigid nature of forced heirship rules. Our lawyers can clarify if your foreign will is valid or executable in the Dominican Republic, assist you in drafting a will that complies with local laws or advice on planning alternatives to ensure your estate is distributed in a way that aligns with your priorities.

There are three types of wills in the Dominican Republic: (1) notary will, (2) holographic will and (3) mystical will, each of them with their specific characteristics, requirements and conditions to uphold validity. The advantages and disadvantages of each type of may be evaluated on a case by case scenario according to the needs and wants of the testator.

The cost of a notary will shall depend on the magnitude of the estate, the assets involved, timing and advisory, when required.

A will can be contested or deemed invalid, leading to complications for the heirs. Our attorneys may analyze and evaluate whether a will may be considered valid in its form and substance.

Navigating cross-border inheritance laws can be daunting. At ACLAW, we have expertise in analyzing and ensuring your will is enforceable, avoiding delays or conflicts between jurisdictions.

Do you want more information about Wills in the Dominican Republic? Contact Us.

ABOUT THE AUTHOR: Dra. Maria Arthur Rodger is a Partner leading the Tax & Private Client areas at Arthur & Castillo Law Firm and Attorneys in the Dominican Republic. She specializes in tax and real estate advisory (Tax LLMs in Georgetown Law Center in Washington, D.C. & Universitat Pompeu Fabra in Barcelona) with more than 20 years of experience. Dra. Maria Arthur is also a CPA, Certified Bankruptcy Liquidator and Legal Interpreter.

Email: [email protected]

Disclaimer: This publication is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. For specific technical or legal advice on the information provided and related topics, please contact the author.

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