17 Jan Argentina Probate Law Inheritance Law
Argentina Probate Law Inheritance Law
In Argentina, primary heirs in order of priority are children, parents, grandchildren, and grandparents, as well as surviving spouses, siblings and nieces/nephews. These people have a legal right to their inheritance, regardless of what the will dictates. This portion of an estate is untouchable and means that forced heirs are considered Universal Heirs.
Their portion of the inheritance is called the “legitimate portion,” and consists of four-fifths of the estate. The testator can delegate the rest of his or her estate, which is called the “disposable portion,” as he or she pleases.
Widows or widowers without children have a right to half of the inheritance of written wills. If the deceased had children but no spouse, four-fifths of the deceased’s estate goes to the children.
While the forced inheritors may not actually receive all four-firths of the estate, the testator cannot guarantee that anything but that one-fifth to go to another person. If a testator leaves more than one-fifth of his or her estate to someone else, the forced inheritors have a legal right to assert a claim over said assets.
Argentina Probate Law
The shared possessions are those assets that form part of the conjugal partnership. Or the assets acquired during the marriage of the deceased. The surviving spouse owns 50% of the assets acquired during the marriage.
In there are no surviving children or parents, the surviving spouse will inherit 50% of the deceased spouse’s assets. If there are descendants, the other half is divided between the surviving children in equal parts. If there are no children, but there are surviving parents, they will each receive 50% of the inheritance. But if there is only one surviving parent, he or she will receive the total inheritance of the deceased.
In conclusion, we provide legal assistance throughout Argentina. Below you can see all the legal jurisdictions where we operate.
Buenos Aires, La Plata, Catamarca, San Fernando del Valle de Catamarca, Chaco, Resistencia, Chubut, Rawson, Córdoba,
Corrientes, Entre Ríos, Paraná, Formosa, Jujuy, San Salvador de Jujuy, La Pampa, Santa Rosa, La Rioja, Mendoza, Misiones,
Posadas, Neuquén, Río Negro, Viedma, Salta, San Juan, San Luis, Santa Cruz, Río Gallegos, Santa Fe, Santiago del Estero,
Tierra del Fuego, Antártida e Islas del Atlántico Sur, Ushuaia, Tucumán, Mar del Plata, San Miguel de Tucumán