Herencias en Colombia

Assignment agreement or sale about rigts of inheritance

The assignment of inheritance rights occurs when the title transfers to another person, whether it is another heir or a third party, the rights obtained from the succession, whether it is done for free or for a fee. It can have any of the titles for transferring ownership, such as sale, exchange, donation, partnership contract, etc

The heir assigns to a third party the rights that correspond to them, whether it is for a specific property or for the entirety of the deceased’s estate. The contract for the assignment of inheritance rights is a sales contract and enjoys all the characteristics of this legal transaction. It is a solemn contract that requires a public deed, it is aleatory, and the assignee does not know what benefit they will receive. Additionally, the partitioner of the inheritance can allocate the property to a different heir than the seller, to which the assigned rights were linked.

It is advisable that the person who will receive the inheritance through this agreement be recognized within the succession and replace the heir who is assigning their inheritance rights in the process.

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