Lack of testamentary culture in Peru

Abstract

The will is an institution of inheritance law, intended for the organization of a person’s patrimonial and non-patrimonial
assets. Once death has occurred, without a will, it will be the norm who decides the disposition of the deceased’s assets. This can be avoided by timely preparation of a will in any of its forms permitted by law. Despite the benefits generated by the granting of a will, in our country there is little use of this tool. Thus, the present work, and through the qualitative approach, and using analytical and descriptive methods, aims to review doctrinal, normative
and statistical sources; having as its main objective to analyze the causes of this low index, among which are, as main findings, sociocultural, economic and legal barriers that exist within our society. It is concluded that
these barriers generate an increase in family conflicts and legal insecurity. Likewise, it is proposed to strengthen the dissemination and awareness of testamentary culture through regulatory reforms that simplify processes and
reduce costs.