Inheritance Law

lspriggs0325 · 2022-04-20T04:16:58+02:00

If someone finds out that a sibling is not the biological child of a parent who is deceased and there is DNA to prove it, how does this impact the inheritance of the deceased property in Dominican Republic? I understand that the children of the deceased, when there is no will, must present a birth certificate to prove that they are related to the deceased. However, what happens if there is DNA to prove that one of children is not the biological child of the deceased , will the courts accept the DNA as proof and deny that child any rights to deceased parent's property or other assets?

Last activity 28 April 2022 by DRVisitor

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plannerDominican Republic Expert28 April 2022 15:37:55

#41

17080

A will does not have to stipulate ALL your assets, just the major ones and categories. Then it stipulates dispersion within the law.

TippjSerial expat28 April 2022 17:12:58

#42

563

Just talked to a attorney last night about this subject……”now don’t jump on me “

But he said if a man dies and there is no will , all his property goes to the first “son “

Even if his daughter is older then the son ….the women aren’t recognized if there is no will , something to do with the next man in the family it bypasses the wife because, (and he said this not me ) there’s a lot of men here that have children with 2-3 different women and the courts won’t get mixed up in that

Who is the real “wife” ….lol… he said the courts in POP anyway still look at the women

As if it’s still 1930s-40’ s……. And if there’s a will every little thing has to be listed , even the change in your pocket ..and to whom it’s bequeathed…. If not it could be contested and the little boy can walk away with everything…….🧐🧐

plannerDominican Republic Expert28 April 2022 19:42:19

#43

17080

That is absolutely not correct information!!!

Guest2022Guest28 April 2022 20:46:13

#44

214245

To quote what a Santo Domingo legal practice states on their webpage:

https://morillosurielabogados.com/en/ho … -republic/

The process to claim an inheritance in the Dominican Republic is regulated by article 718 of the Dominican Civil Code and its subsequent articles.

Usually, in the Dominican Republic, people do not have a will at the time of their passing. Therefore, it is important to note that it is not necessary to be listed in a will in order to have access to an inheritance.

It is also important to note, that the law establishes an order of priority to be able to inherit, stating that the parties who have priority to inherit first are:

– Direct descendants (children and grandchildren).

– Ascendants (parents and grandparents).

– Collateral parties (brothers, cousins and uncles).

CHILDREN’S RIGHTS OVER THE PROPERTY OF THEIR PARENTS.

According to article 14 of Law 14-94, also called the Children Act, all children born from a consensual relationship, a marriage or adopted, enjoy equal rights and qualities, including succession order.

As you can see, all children have the same rights and should all be treated as if they were legitimate children.

This was not always the case. Given that before the promulgation of the Children Act (Law 14-94), the succession rights of a “natural” child and a “legitimate” child, were not equal. Natural children were entitled to only half of what legitimate children were entitled to.

DRVisitorSerial expat28 April 2022 21:19:01

#45

712

Very interesting topic and discussion..

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