Distribution of assets in life

Abstract

This article aims to conduct a study about a new fi gure of inheritance law, which until now had been in charge of regulating the fate of the estate of a person after his death. The paragraph of Article 487 of Law 1564 of 2012 (General Code of Procedure) raised the possibility of the partition of heritage in life, through a process that, among other things, seeks to reduce the confl icts that currently have been occurring when it comes to division of property. Anyone wishing to make use of this provision must fi rst ask the judge’s permission; and then raise as a public deed his will. However, controversies presented against the rights of those individuals who, for some reason, have not been recognized, as with extramarital children or those who for the time of partition does not exist. For the development of this article it started from the analysis of documents that are part of our legislation and laws, rulings and relevant doctrine for the study of the subject, from which many legal gaps are evident, since it is a new subject that brings General code of Procedure.