More and more families in Costa Rica are made up of second partnerships and children from previous relationships. However, few people know how inheritance is legally distributed in these cases.
What happens if someone dies leaving behind children from different relationships, a new unmarried partner, or a stepchild they lovingly raised but never adopted? Costa Rican law has clear rules, but the only way to truly protect those we love is through proper estate planning.
Who inherits if there is no will?
When someone dies intestate (without a will), Article 572 of the Civil Code states that the inheritance is divided equally between legally recognized children, the spouse or legal partner, and the parents.
This means:
– The current partner will inherit only if the relationship is legally recognized (marriage or court-declared common-law union).
– All biological or adopted children will inherit, regardless of which relationship they come from.
– The ex-spouse, if there was a legal divorce or separation, has no right to inherit.
💡 Important: If the deceased never legally divorced, the new partner may be excluded from the inheritance—even after years of living together.
Do stepchildren inherit?
No, unless:
– They were legally adopted by the deceased.
– They were expressly included in a will.
– It can be legally proven that they were raised by the deceased for at least 2 years.
Otherwise, stepchildren are considered legal strangers to the estate, even if there was an emotional or parenting bond.
What about legally unrecognized children?
They do not automatically inherit either.
– If the deceased did not legally recognize the child, they have no legal right to inherit.
– To claim inheritance, they must obtain posthumous legal recognition or have been included in a valid will.
How can a second partner or stepchildren be protected?
Through proper estate planning:
✅ Drafting a valid will that clearly specifies heirs and their shares.
✅ Formalizing the relationship (marriage or legal recognition of a common-law union).
✅ Legally recognizing all children.
✅ Using legal tools such as trusts, lifetime donations, or life insurance policies with designated beneficiaries.
Why is planning important?
Because if you don’t, your wishes may not be respected.
The law only protects those who are legally recognized. Everything else is left to chance, costly legal proceedings, and potential family disputes.
How can ERP Lawyers help?
At ERP Lawyers & Associates, we help you leave everything in order:
🔹 Drafting clear and secure wills
🔹 Legal declaration of common-law unions
🔹 Legal recognition of children
🔹 Protection for second partners and stepchildren
🔹 Trusts, bequests, and asset protection structures
