When a person dies, the transfer of their assets is subject to certain rulesl Civil and Commercial Code of the Nation. In most cases, the deceased left a valid will in which they expressed their wishes regarding the distribution of their assets.
However, there are situations where this is the case will It may be declared void if legal requirements are not met. In this case, or if there is no will, intestate succession applies, in which the law determines who the heirs are and how the inheritance is distributed.
The Argentine succession system has its main goal Provide predictability and reduce conflict between possible heirs and establishes a clear order of priorities in the distribution of assets. The aim of this system is to guarantee certain family members minimum rights while ensuring that the deceased’s assets have a defined legal purpose.
Types of succession in Argentina
There are two forms of succession in the Argentine legal system: testamentary and intestate succession. Both are subject to regulation Civil and Commercial Code of the Nation and are applied according to the circumstances of each individual case.
A testamentary succession occurs when the deceased has made a valid will in which he or she determines the fate of his or her assets. Although the testator has the freedom to decide on the distribution of his assets, this power is limited by law legitimately hereditary.
The legitimate part of the inheritance is the part of the inheritance that the law necessarily reserves for the obligatory heirs, that is, the descendants, ancestors, etc the spouse. The will cannot affect this guaranteed minimum share.
The legal successionOn the other hand, the will is valid if there is no will, the will is declared invalid or does not include all of the deceased’s assets. In these cases, the law determines who the heirs are and in what proportion they receive the inheritance, according to a predetermined kinship order.
Invalidity of the will: grounds provided for by law
The will may be declared void if it contains irregularities that affect its legal validity. The Articles 2462 and 2531 of the Civil and Commercial Code They list the most important grounds for nullity that must be examined by the judicial authority in each individual case.
One of the grounds for invalidity is the violation of a legal prohibition. This occurs if the content of the will contradicts mandatory norms of the legal system, for example those that protect legal inheritance.
Another common cause is form errors. The Code sets out specific formal requirements Type of willwhether holographically, by public deed or other accepted modalities. Failure to comply with these requirements may result in the law being invalid. The will can also be declared void if it was made by a person who did not have sufficient cause at the time of making the will. In these cases, the law requires that anyone challenging the will must prove the testator’s lack of judgment in expressing the will.
Likewise, the will is invalid if it was executed by a person who had been declared incapacitated previously. In this case, it is assumed that it is legally impossible to carry out effective acts of alienation of assets.
The regulations also take into account related situations Limitations in communication. If the testator cannot communicate orally and cannot read or write, the will is only valid if it is drawn up by a public document with the assistance of an interpreter, as required by law. Finally, the will may be declared invalid if it is proven that it was made by mistake, fraud or violence. These circumstances impair freedom of will and make it possible to challenge the act in court.
Order of hereditary vocation in legal succession
In the case of legal succession, this applies Civil and Commercial Codel establishes an inheritance appointment regulation that determines who can inherit and under what conditions. This arrangement is regulated in Article 2340 and corresponds to a criterion of family closeness.
First, inherit offspring, that is, the children of the deceased and, if applicable, the grandchildren. The presence of descendants precludes other succession arrangements. If there are no descendants, the inheritance lies with the ancestors, such as the parents or grandparents of the deceased. They only inherit if there are no descendants.
The spouse occupies a certain place Succession planning. You can inherit jointly with your descendants or relatives in the ascending line, with your participation being regulated by special rules that take into account the situation of the marital community. In the absence of descendants, relatives in the ascending line and spouses, the inheritance is distributed to relatives in the collateral line, within the limits established by law, such as: B. brothers and nephews.
If there are no heirs In none of these orders does the deceased’s property pass to the state in accordance with the vacant inheritance scheme.
Vacancy: concept and consequences
An open inheritance is configured when there are no heirs or legatees who can or want to do so accept the inheritance. In these cases, the intervening judge declares the position vacant and orders the assets to be handed over to the state.
This transfer does not prevent a person who considers himself/herself from subsequently becoming involved Inheritance law can complain. To do this, you must take legal action and accept the goods in the condition in which they are at the time of the claim, without being able to demand the return of any fruits or improvements made.
Steps of the succession process in Argentina
The succession process takes place before that Courts and is presided over by a responsible judge, who is usually the judge at the last place of residence of the deceased. The procedure follows a series of steps established by current regulations.
The first step is to open the succession process, which can be requested by an heir, a creditor or any person with a legitimate interest. To do this, a formal application must be submitted to the relevant court.
Then you have to accompany them necessary documentationThis includes the death certificate of the deceased, the records proving the relationship of the heirs and the documents related to the assets, such as: E.g. property titles or registry reports.
In legal succession, the judge issues the declaration of heirs, officially recognizing who the heirs are. legal heirs. In testamentary succession, the judge checks the validity of the will and orders its compliance.
Next, the inventory is carried out and the Valuation of assetswhich consists of a complete detailing of the assets and their economic valuation. This phase is crucial to ensure fair distribution in accordance with the law.
Finally, the partitioning takes place and Asset division. In this case, the assets are distributed among the heirs according to the relevant circumstances, either through the provisions of the will or through the rules of legal succession. With this phase, the succession process is completed and the effective transfer of assets takes place.
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