WARNING! If you intend to exclude a child from your Will, do not purchase property in Puerto Rico. Puerto Rico precludes a testator from disinheriting a descendant without cause. There are a number of ways that an heir can be disqualified for unworthiness – among them are the following:

  1. Parents who have abandoned their children or prostituted their daughters or made attempts against her chastity.
  2. Someone who has been sentenced in a trial for having made attempts against the life of the testator, his spouse, descendants or ascendants.
  3. Someone who has accused the testator of a crime for which the law imposes an exemplary punishment when the accusation is declared libelous.
  4. A person who is sentenced at a trial for adultery with the wife of the testator (Puerto Rico does not recognize same sex marriages, so it is ok to fool around with the testator’s partner).
  5. Where a child has accused his father or mother of a crime except for high treason (apparently you can accuse your parent of being a terrorist or voting for Trump without losing your inheritance rights).

There are a number of others, but you get the idea.

While you may think it is unlikely that you will ever own property in Puerto Rico, a time-share is considered real property and is therefore subject to these rules. So, feel free to purchase a time-share in Puerto Rico, and rest assured that at least if you have a child who has made attempts against your life, you will have proper statutory grounds in case you wish to disinherit him or her.

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The following materials, and all other materials on this website, are intended for informational purposes only, are not to be construed as either legal advice or as advertising by Cuddy & Feder LLP or any of its attorneys, and do not create an attorney-client relationship between you and Cuddy & Feder LLP. Please seek the advice of an attorney before relying on any information contained herein.


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