Farm Succession Planning Checklist (Argentina)

Argentinian Farmer Attorney Lawyer

 

✅ Farm Succession Planning Checklist (Argentina)


To organize a legal consultation with Sebastian Limeres (Argentina Attorney Lawyer) please contact https://www.limeres.com and or through WhatsApp in the USA wa.me/+19257918555 and/or in Argentina: wa.me/+5491141620021

🧭 1️⃣ Define Objectives First

Before touching legal documents, clarify:

☐ Who should control the campo after death?
☐ Who should receive income vs. ownership?
☐ Should the land stay unified or be divided?
☐ Is the goal preservation, sale, or family continuity?
☐ Are some heirs active in the business and others passive?
☐ Are there foreign heirs?

👉 Succession is not just inheritance — it’s business continuity.


👨‍👩‍👧‍👦 2️⃣ Identify Forced Heirs

☐ List spouse, children, parents
☐ Calculate forced portions (legítima)
☐ Identify the disposable portion
☐ Detect possible conflicts early
☐ Review marital property regime

👉 You cannot design a plan without respecting Argentine forced heirship.


📜 3️⃣ Review Current Ownership Structure

☐ Is the campo owned personally or through a company?
☐ Check title deeds and registry status
☐ Confirm boundaries and cadastral data
☐ Review mortgages, easements, leases
☐ Verify if land is agricultural, cattle, or mixed
☐ Check zoning and land-use restrictions

👉 Bad titles destroy good estate plans.


🏢 4️⃣ Decide the Best Legal Vehicle

Choose how ownership should exist:

☐ Personal ownership with planning tools
☐ Family company (SA / SRL)
☐ Holding company
☐ Trust (fideicomiso)
☐ Mixed structure (usufruct + shares)

👉 For large campos, companies outperform simple inheritance.


✍️ 5️⃣ Draft or Update a Will

☐ Choose type of will (public deed preferred)
☐ Respect forced heirship limits
☐ Allocate disposable portion strategically
☐ Appoint administrator of the campo
☐ Include compensation mechanisms
☐ Address foreign heirs
☐ Define dispute resolution clauses

👉 A will does not avoid probate, but controls chaos.


🎁 6️⃣ Evaluate Lifetime Transfers

☐ Consider donations of land or shares
☐ Reserve usufruct if needed
☐ Analyze tax consequences
☐ Protect against future challenges
☐ Register transfers correctly
☐ Combine with shareholders’ agreements

👉 Lifetime planning reduces probate mass and surprises.


🐄 7️⃣ Protect Operational Continuity

☐ Appoint farm manager or administrator
☐ Define who signs contracts after death
☐ Maintain banking authority structure
☐ Secure leases and supply agreements
☐ Prepare employee continuity plan
☐ Register powers of attorney

👉 A campo must keep producing even while lawyers fight.


📊 8️⃣ Analyze Financial and Tax Impact

☐ Property tax continuity
☐ Income tax consequences
☐ Capital gains on future sale
☐ VAT treatment
☐ Provincial stamp tax
☐ Currency regulations for foreign heirs

👉 Argentina has no national inheritance tax, but poor tax planning is expensive.


🌍 9️⃣ Address Foreign Ownership Issues

If heirs are abroad:

☐ Check Ley de Tierras limits
☐ Review foreign ownership percentages
☐ Plan for currency transfers
☐ Draft bilingual documentation
☐ Anticipate probate jurisdiction conflicts
☐ Simplify repatriation of income

👉 International heirs multiply legal friction.


⚖️ 🔟 Prevent Family Conflict

☐ Create shareholders’ agreements
☐ Define exit clauses
☐ Establish valuation methods
☐ Restrict sale to outsiders
☐ Include mediation/arbitration clauses
☐ Define voting and control rules

👉 Most campo succession failures are emotional, not legal.


🗂️ 1️⃣1️⃣ Organize Documentation

☐ Title deeds
☐ Cadastral maps
☐ Tax certificates
☐ Corporate books
☐ Lease contracts
☐ Livestock inventory
☐ Machinery lists
☐ Environmental permits

👉 Your heirs can’t protect what they can’t find.


🔄 1️⃣2️⃣ Review Periodically

☐ Review every 3–5 years
☐ Update for births, deaths, divorces
☐ Adjust for law changes
☐ Revalue land and livestock
☐ Adapt to business growth

👉 A succession plan is a living system, not a one-time act.


🧠 Golden Rule for Campo Owners

Never let a campo enter probate without a business plan attached to the inheritance plan.

Without structure, probate freezes land, breaks families, and destroys value.

To organize a legal consultation with Sebastian Limeres (Argentina Attorney Lawyer) please contact https://www.limeres.com and or through WhatsApp in the USA wa.me/+19257918555 and/or in Argentina: wa.me/+5491141620021


🎯 Strategic Summary (Client-Friendly)

✔ Keep the land unified
✔ Respect forced heirs
✔ Plan while alive
✔ Protect operations
✔ Use companies and usufruct
✔ Avoid undivided ownership
✔ Prepare for foreign heirs