What is a bequest (legado) and how is it different from an inheritance in Peru?

The central distinction: universal title vs. particular title

“Bequest” (legado) and “inheritance” (herencia) are not synonyms, even though everyday speech sometimes blends them. The Civil Code itself draws the line, in Article 735: an heir (heredero) succeeds under universal title, meaning they receive the deceased’s entire estate, or a share of it — assets, rights, and also debts. A legatee (legatario), on the other hand, succeeds under particular title: they receive only the specific asset or assets the testator decided to leave them.

The law is explicit that what matters is not which word the will uses, but the actual nature of what you receive: “the testator’s error in naming one or the other does not change the nature of the disposition.” If a will calls you an “heir” but in fact leaves you only one specific watch, for legal purposes you are a legatee of that watch.

What a bequest actually is

Under Article 756 of the Civil Code, a bequest is an act of liberality by the testator: they can dispose of one or more of their assets, or a part of them, “within their power of free disposal.” That last phrase matters: a bequest cannot come out of just any part of the estate — only out of the portion the testator can freely distribute, without touching the forced share the law reserves for forced heirs (children or other descendants, a spouse, or parents or other ascendants, depending on the case). If the testator exceeds that disposable portion, the law reduces the bequests proportionally to respect the forced share.

There is also a validity requirement that surprises some people: Article 757 says a bequest of a specific asset is not valid if that asset no longer belonged to the testator at the time of their death. If you were promised a particular car as a bequest during the testator’s lifetime, but the testator sold it before dying, that specific bequest never comes into effect.

The difference that matters most in practice: debt

This is the point that confuses people the most, and also the one most worth understanding clearly.

An heir is liable for the estate’s debts. While the estate remains undivided, that obligation weighs on the entire hereditary estate; once the estate is distributed, each heir is liable for the debts in proportion to their share of the inheritance (Article 871). That liability does have a limit, though: Article 661 — explained in more detail on the beneficio de inventario page — says an heir is liable for the estate’s debts and charges only up to the value of the assets they inherited, without having to cover the difference out of their own pocket, unless they hide assets or fabricate debts.

A legatee, as a general rule, is not liable for those debts at all. Article 879 says it plainly: “a legatee is not required to pay the estate’s debts, unless the testator provided otherwise.” The one practical exception is narrow: if the legatee ends up paying a duly documented debt that specifically burdened the asset they received (a mortgage on that particular property, for example), they are entitled to reimbursement from the heirs for whatever they paid. Outside of that case, the estate’s general debts — credit cards, personal loans, the deceased’s tax debts — simply are not the legatee’s problem.

This is, in practice, why the distinction matters: if someone was left a specific house as a bequest, they can keep it without having to take on any of the estate’s other debts — something an heir cannot say with the same confidence.

Renouncing a bequest follows the same rules as renouncing an inheritance

Article 773 of the Civil Code settles this directly: “the provision of Article 677 applies to the bequest as well.” In other words, if a legatee decides to renounce the asset they were left, the same rules explained on the how to renounce an inheritance in Peru page apply: the succession is deemed never to have taken effect in favor of the person renouncing, retroactive to the testator’s death.

When a bequest stops existing: lapse

A bequest is not automatically final. Under Article 772, a bequest lapses — stops having effect — in three specific situations:

1. If the legatee dies before the testator.
2. If the legatee divorces or judicially separates from the testator through their own fault.
3. If the testator sells, gives away, or otherwise transfers the bequeathed asset, or if that asset is lost or destroyed through no fault of the heir.

When a bequest lapses, the asset that would have gone to the legatee goes back into the general hereditary estate, to be distributed under the ordinary rules of succession.

What this page does not cover

We do not go into the detail of the cuarta falcidia (the rule protecting voluntary heirs and legatees, together, so they receive at least a quarter of the estate when the testator has full free disposal of their assets) or the exact mechanism for proportionally reducing several bequests against each other when they exceed the disposable portion. These are more specific situations worth reviewing with a notary or lawyer if your case directly involves them.

Foreigners

These same rules — the distinction between universal and particular title, and who is liable for the estate’s debts — apply the same way whether the testator or the beneficiaries are foreigners, as long as the succession is governed by Peruvian law. If the will was executed abroad, or if there are assets or heirs outside Peru, also review the rules on intestate succession or forced heirship that explain which law applies to your particular situation.