A will lets you decide who receives your property and possessions after your death, and who will handle your estate. If you own assets in Argentina, such as an apartment, a farm, bank accounts or shares in a company, an Argentine will is one of the simplest ways to make sure your wishes are respected there and that your family avoids unnecessary delays.
LIMERES prepares wills under Argentine law for clients in Argentina and abroad, in English. Sebastian Limeres and our team work with clients who also have a U.S. estate plan, so that the Argentine will fits with the rest of their planning.
How wills work in Argentina
Forced heirship
Argentina has forced heirship. Part of the estate is reserved by law for close family members: descendants, ascendants and the surviving spouse. You can freely leave only the remaining “disposable portion.” A will that ignores these reserved shares can be reduced by a court, so it is important to plan within these rules from the start.
What happens if there is no will
If you die without a will, Argentine law decides who your heirs are and how the estate is divided. The heirs must go through a court succession process to be declared heirs before they can sell or transfer the assets. A will cannot avoid the court process, but it lets you decide how the disposable portion is distributed, name an executor and leave clear instructions.
Holographic will and public (notarial) will
The two most common forms are:
- Holographic will: written entirely by hand, dated and signed by the testator. It is simple and private, but a small mistake in form, or a will that cannot be found, can create problems for the heirs.
- Public will: made by public deed before a notary and two witnesses. The notary keeps the original in the notary’s records. It is generally harder to challenge and easier for the heirs to locate.
Witnesses
Whether witnesses are needed depends on the form of the will. A public will must be made before a notary and two witnesses. A holographic will, written entirely by hand, dated and signed by the testator, does not need witnesses.
Changing or revoking a will
You can change or revoke your will at any time. As a general rule, a later will revokes an earlier one, unless the later will expressly confirms the earlier one, in whole or in part, or its terms show that the testator meant to keep it. If you have more than one will, for example a U.S. will and an Argentine will, each new will should state clearly what happens to the earlier ones, so that one does not cancel the other by accident.
Guardians for minor children
Parents of young children can use a will to name a guardian (tutor) for their children. This is one of the reasons a will is worth having at any age, not only later in life.
Meeting with us
We meet clients at our offices in Recoleta (Buenos Aires) and Nordelta (Tigre), or by video or WhatsApp call if you live abroad. Depending on the form of will, some steps can be completed remotely, and in some cases the will can be signed before an Argentine consulate.
Drafting a Foreign Will That Is Valid in Argentina
A will made in the United States is often not fully enforceable in Argentina, because it may not comply with Argentina’s succession rules. When an estate involves more than one country, a common approach is to have a separate will for each country where there is property, each prepared by a lawyer who is licensed in that country and focuses on successions. For assets in Argentina, that means an Argentine inheritance lawyer.
To prepare an Argentine will, we usually ask for the testator’s passport, the passports of the heirs and beneficiaries, the deeds to any real estate, and documents for the other assets the will covers, such as vehicles, boats or aircraft, or digital assets. An Argentine will can often be prepared within a few business days. How it is signed depends on the form chosen (for example, a handwritten will, a public will before a notary, or in some cases a will made before an Argentine consulate abroad), and we explain the formalities that apply to you.
General points for a valid will in Argentina include:
- Age and capacity: the testator must be at least 18 years old and of sound mind.
- Written form: the will must be in writing and signed by the testator.
- Form: a handwritten (holographic) will must be entirely written, dated and signed in the testator’s own hand; a public will is made by public deed before a notary and two witnesses.
- Witnesses: a public will must be made before a notary and two witnesses. A holographic will does not need witnesses.
- Clear identification: the will should identify the testator and the beneficiaries and state how the assets are to be distributed.
- Earlier wills: as a general rule, a later will revokes an earlier one, unless the later will expressly confirms the earlier one, in whole or in part, or its terms show that the testator meant to keep it. To avoid doubt, the new will should state clearly what happens to any earlier will, especially if you have wills in more than one country.
Wills in Argentina vs. the United States
A U.S. will is often not fully effective in Argentina. The main reason is forced heirship: in most U.S. states you can leave your property to almost anyone, while in Argentina your spouse, descendants and ascendants are “forced heirs” who generally cannot be disinherited.
For example, with a U.S. will, a father in California could leave everything to an employee and nothing to his wife, his two children and his surviving parents. Under Argentine law, that will would not be fully effective. When the deceased leaves descendants, the portion of the estate that can generally be left freely (the “disposable portion”) is one-third (Civil and Commercial Code, art. 2445), so the employee could generally receive no more than one-third of the estate. The exact calculation depends on the estate and on which relatives survive.
Because the two systems are so different, we recommend an Argentine will for real estate and other assets located in Argentina. Wills in Argentina are commonly prepared with a lawyer, and following the right formalities helps make the will valid and easier to enforce if the inheritance is ever disputed in court.
Frequently asked questions
Is my U.S. will valid in Argentina?
Argentine law can recognize a will made abroad if it follows the formalities of the place where it was signed, but Argentine rules, especially forced heirship, still apply to assets located in Argentina, and the will must go through an Argentine court process. A U.S. will that leaves everything to one person, for example, may be reduced to respect the shares reserved for close family.
What is forced heirship in Argentina?
Argentine law reserves a minimum share of the estate for certain relatives. Under the Civil and Commercial Code, the reserved share is generally two-thirds for descendants, one-half for ascendants and one-half for a spouse. Only the remaining disposable portion can be left freely by will.
What types of wills does Argentina recognize?
The two main forms are the holographic will, which is entirely handwritten, dated and signed by the testator, and the public will, which is granted by public deed before a notary and two witnesses. Each has its own formal requirements, and a mistake in form can invalidate the will.
Should I have a separate Argentine will for my property in Argentina?
Many people with assets in both countries choose to have an Argentine will that covers their Argentine assets and is coordinated with their U.S. estate plan. The documents must be drafted carefully so that one will does not accidentally revoke the other. We work with your U.S. estate planner on this coordination.
Can I make an Argentine will without traveling to Argentina?
In some cases, yes. Depending on the form chosen, a will may be prepared remotely and signed abroad, for example before an Argentine consulate. We explain which options fit your situation and what formalities apply.
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