Organizing what will happen with your estate after you’re gone is not a cold or selfish act—on the contrary, it’s one of the most loving decisions you can make for those you care about most.
In Costa Rica, there are two main legal tools to plan your succession: the will and the testamentary trust. Both allow you to distribute your assets, but they differ in how they work and the level of control they offer.
What Is a Will and When Is It Recommended?
A will is a personal and unilateral legal document in which a person decides how their assets will be distributed after their death.
In Costa Rica, it can be granted as an open or closed will, and takes effect only after the testator’s passing. It requires a probate process—judicial or notarial—where its provisions are validated.
🟢 When is it recommended?
When you want a simple and direct distribution of assets to family members or specific individuals, without special conditions.
👉 Learn more in our blog
What Is a Testamentary Trust and How Is It Different?
Unlike a will, a testamentary trust is a contract where the management of assets is transferred to a third party (trustee), who oversees them for the benefit of the beneficiaries according to the testator’s instructions.
This allows for the creation of an independent estate, protected from future liabilities, and the inclusion of specific conditions—for example, that assets are handed over when a child reaches a certain age or that a monthly pension is paid in the meantime.
🟢 When is it recommended?
When you want greater control over how, when, and to whom your estate is distributed, especially in cases involving minors, disabilities, second marriages, or common-law unions.
What If I’m in a Common-Law Relationship? What If One of My Children Dies First?
Costa Rican law recognizes certain rights for common-law partners, but only if specific conditions are met (public, stable relationship of at least two years).
Likewise, if a child dies before the testator, their own children may inherit in their place through the legal figure known as “representation”.
🟡 Want to explore more about this topic? Stay tuned for our upcoming posts, where we’ll cover various family and legal scenarios that can impact your estate planning.
The Best Time to Plan Is Now
Both wills and trusts are valid, secure tools. The difference lies in the level of control, flexibility, and protection that each person requires.
👉 Contact us and let us advise you on the best way to protect the ones you love most.
