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⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.

Chile Will & Estate Planning Guide flagChile Will & Estate Planning Guide

Read about will creation and estate planning in Chile. This guide covers witness rules, probate processes and jurisdiction-specific considerations that may apply. Rules vary, so consult a qualified professional for advice on your circumstances.

Estate Planning in Chile at a Glance

Chile has complex forced heirship with three portions: half legitimaria (forced heirs), quarter de mejoras (improvement), quarter libre disposición (free). No holographic wills allowed. Inheritance tax 1-25% progressive. Surviving spouse has strong protection. Open notarial wills most common. Community property affects distribution.

  • No holographic wills recognised
  • Estate divided in three portions
  • Half reserved for forced heirs
  • Inheritance tax 1-25% progressive
  • Spouse well protected
  • UTA units adjust for inflation
  • Community property rules apply

Will Requirements in Chile

Creating a will in Chile typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Witness Requirements: Open: notary + 3 witnesses (5 if no notary). Closed: notary + 3 witnesses
Holographic Wills:Formal witnessing is generally required

Inheritance Tax in Chile

Tax Rate: 1-25%
Tax Threshold: 43,000 USD
Applies to Chilean and foreign assets with personal nexus

Family Shares and Estate Administration in Chile

Protected family shares: Three portions: (1) Mitad legitimaria - 50% for spouse/children/parents, (2) Cuarta de mejoras - 25% can favour some heirs over others, (3) Cuarta de libre disposición - 25% freely disposable. Complex calculation rules.

Related Resources

Estate Planning Information for Chile

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