Análisis de la importancia de implementar la libertad testamentaria en Ecuador.

Abstract

This research examines the importance of implementing testamentary freedom in Ecuador by analyzing the current succession framework and the restrictions arising from forced heirship rules. A doctrinal and legal review is conducted on the testament, its historical evolution, and the limitations imposed by forced heirship and the rights of compulsory heirs. Through a dogmatic and comparative methodology, international succession models are studied, ranging from systems with broad freedom to dispose of property by will to those with mixed or restrictive approaches. In addition, Ecuadorian case law is analyzed to highlight the conflicts generated by the tension between the testator’s intent and the legal protection afforded to the family. The findings suggest that adopting a mixed model of testamentary freedom could modernize Ecuador’s succession regime, strengthen the testator’s autonomy, and reduce potential litigation, while maintaining minimum safeguards for the protection of heirs in situations of vulnerability. Keywords: testamentary freedom, forced heirship, legitimate share, forced heirs, succession, Ecuador