Peru Inheritance Law for Foreigners: Forced Heirship, Wills, and Spouse Rights

Peru operates under a civil law system that fundamentally differs from common law countries. The biggest shock for American, British, and Australian families: you cannot freely decide who gets your assets. Peru's forced heirship rules automatically override what your will says about two-thirds of the estate.

Forced Heirship (Herederos Forzosos)

Under Article 724 of Peru's Civil Code, certain family members are entitled to inherit regardless of what any will says:

If the deceased has a surviving spouse and children:

• Two-thirds (66.7%) of the estate is legally reserved for these forced heirs
• The deceased could only freely dispose of the remaining one-third via a will
• The forced portion is split equally among all children, with the surviving spouse inheriting alongside them

If the deceased has no children but has surviving parents:

• 50% is reserved for the parents
• The other 50% is freely distributable

Priority order:

1. Children and descendants
2. Parents and ascendants
3. Surviving spouse (inherits alongside categories 1 or 2)
4. Siblings, then extended family up to the fourth degree

A foreign will that leaves everything to one child, or disinherits the spouse, or gives assets to a friend — any of these can be challenged and partially overturned in Peru if the estate includes Peruvian assets.

The Community Property Trap (Sociedad de Gananciales)

Before any inheritance division happens, there's a critical first step most foreigners miss.

If the deceased was married under Peru's default community property regime, 50% of all assets acquired during the marriage belong to the surviving spouse outright — not as inheritance, but as community property.

Only the remaining 50% constitutes the "estate" that gets divided according to the forced heirship rules above.

Example: A married couple owns a Lima apartment worth $200,000 purchased during the marriage. The husband dies, leaving a wife and two children.

• Wife gets $100,000 immediately (her 50% community property share)
• The remaining $100,000 estate divides three ways: wife, child 1, child 2 each get approximately $33,333
• Wife's total: $133,333. Each child: $33,333

Unmarried Partners: The Cohabitation Trap

Peruvian law (Ley N° 30007) grants inheritance rights to unmarried cohabitants — but only if the relationship was either:

1. Formally registered at SUNARP during the couple's lifetime, OR
2. Proven through a post-mortem judicial process requiring evidence of at least two continuous years of public, stable cohabitation

An unregistered partner has zero automatic rights. They cannot access frozen bank accounts, inherit property, or even claim the body without the cooperation of the deceased's legal family. This is catastrophic for long-term expat couples who never formalized their relationship.

What Happens Without a Will

About 70% of deaths in Peru result in intestate succession. Without a will, the sucesión intestada process must be initiated before any assets can be transferred:

• Notarial route (all heirs agree, all are adults): 30-45 days, S/ 1,000-S/ 3,000
• Judicial route (disputes, minor heirs, missing heirs): 12+ months, S/ 2,000-S/ 5,000+

The process must be filed with a notary or court in the deceased's last legal domicile — not where the property is located. Filing in the wrong jurisdiction forces a complete restart.

Foreign Wills and Peruvian Assets

A will executed abroad can theoretically apply to Peruvian assets, but it must be:

• Translated by a certified traductor público juramentado
• Apostilled in the country of origin
• Consistent with Peru's forced heirship rules (the two-thirds reserved portion cannot be overridden)

The practical reality: even with a valid foreign will, you'll likely need local legal representation to enforce it through the Peruvian system.

Protecting Your Family

If you're an expat living in Peru with local assets, three steps matter most:

1. Register a will in Peru (or ensure your foreign will accounts for forced heirship)
2. If you have an unmarried partner, register the unión de hecho at SUNARP while you're alive
3. Understand that the succession must be filed in your last domicile

The Peru Expat Death Guide includes the complete forced heirship calculation framework, decision trees for notarial vs. judicial succession, and a power-of-attorney template for managing the process remotely.

Someone Died in Peru: English Speaker's Emergency Guide →