Abstract

CHARRUPI HERNANDEZ, NÉSTOR RAÚL. New Successional Legislation in Colombia. Law 1934 of 2018. Rev. Derecho Privado [online]. 2021, n.40, pp.437-462.  Epub Feb 08, 2021. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n40.15.

The tension which has existed between the principles of testamentary freedom and the restriction of the testator's will, present in different common law and civil law countries, founded the issuance of Law 1934 of 2018. This law introduced changes to the Colombian inheritance regime providing for greater autonomy and freedom to the testator to dispose of her patrimony with effects after her death. This Reform kept some lags from the restricted testamentary system, by upholding protection mechanisms of the expectation of forced heirs; situation that demands a new and more consistent approach with our family and societal realities.

Keywords : forced estate; forced heirs; forced heirship; will; testator; disposition; donations; decedent; inheritance; patrimony.

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