Argentine Ruling Upheld in Chile
An Argentine court has decisively named the children of a deceased shareholder in a Chilean corporation as the rightful universal heirs, and Chile is set to honor that decision.
Supreme Court Supports Heirs’ Claim
The Supreme Court of Chile recently gave its approval to enforce a civil ruling from Argentina. Recognizing these children as the sole heirs to their father’s shares in a Public Limited Company. This groundbreaking move aligns with Chilean legal principles and paves the way for the heirs to claim their inheritance.
On March 1, 2024, the children of the late Argentine won the Supreme Court’s support to activate an Argentine court’s decision that had declared them universal heirs. Their father had owned a staggering in shares in Radio Victoria S.A. And now they’re poised to take ownership of this legacy.
They told the court that an Argentine judge had already named them universal heirs to their father’s entire estate. Including the assets in Chile—back in 2019. They now sought the Chilean Supreme Court’s permission to carry out this ruling on Chilean soil, aiming to gain control over their father’s shares.
The Supreme Court delivered a powerful verdict, stating that the Argentine court’s decision is compatible with Chilean law and does not disrupt the public order. It noted that the ruling respects the rights of the surviving spouse, which is in harmony with Chile’s inheritance laws.
Even though the court recognized the Argentine ruling. It pointed out that the Chilean courts must handle the actual transfer of shares in Chile. The claimants are ready for this, having planned to seek the necessary legal procedures in Chile.
Precedent Set for Transnational Inheritance
By upholding the Argentine ruling, the Supreme Court honored the deceased’s final wishes and instructed the heirs to take their case to the national court for execution. This decision by the Supreme Court is not just a win for the heirs but. Also sets a vital example for how international inheritance issues can be seamlessly resolved.