Confirmed by the Succession Law: heirs will no longer receive the assets even if the will says so if this happens

When a person dies, it is usual for them to have left a valid will that specifies the distribution of their assets. However, in certain circumstances, the will may be declared null if the heir is declared unworthy in accordance with the legal requirements established by Argentina’s Civil and Commercial Code of the Nation.

In such cases, the intestate succession process begins, which applies when there is no will or when it does not cover all assets. The purpose is to avoid legal conflicts through a system that assigns the inheritance to the closest relatives.

In Argentina, there are two types of succession:

Intestate succession: applies in the absence of a will, its invalidation, or the failure to cover all assets. In such an event, the law defines who the heirs will be and the method for dividing the inheritance.

Testamentary succession: occurs when the deceased left a valid will that details their wishes regarding the distribution of their assets. However, this freedom is limited by the forced-share inheritance, which grants a minimum portion to forced heirs (children, parents, and spouse).

Reasons a will may be declared null under the Civil Code

According to articles 2462 and 2531 of the Civil and Commercial Code, the will may be declared null for the following reasons:

• Because it was made by a person declared legally incapable.
• Because the testator is a person who has limitations to communicate orally and, in addition, cannot read or write, except when done by public deed, with the participation of an interpreter at the act.
• Because it was made by a person deprived of reason at the time of making the will. The lack of reason must be proven by the person challenging the act.
• Because of formal defects.
• Because it violates a legal prohibition.
• Because it was made with error, fraud, or violence.

What is the order of succession calls, according to the Civil and Commercial Code?

Article 2340 of the Civil and Commercial Code establishes an order of succession calls, which gives priority to certain relatives:

• Descendants (children, grandchildren): they have priority and exclude the others.
• Ascendants (parents, grandparents): they inherit only if there are no descendants.
• Spouse: inherits together with descendants or ascendants, as the case may be.
• Collateral relatives (siblings, nephews): they inherit if there are no descendants, ascendants, or spouse.
• The State: if there are no heirs, the estate passes to the State.

What happens when there are no heirs?

In the eventual case of there being no heirs or legatees, the vacant inheritance is established. In such a situation, the judge orders the transfer of the assets to the State.

If at a later stage a claim for inheritance rights is filed, it is imperative that an application for inheritance be submitted and that the assets be accepted in their current condition.

Intestate succession: the keys to the process

When a person dies without a valid will, the law establishes a precise procedure for the distribution of their assets, which may require the intervention of a judge.

This procedure not only seeks to mitigate conflicts, but also ensures that the rights of the heirs are respected, even when they are not mentioned in a will.

It is important to note that forced heirs have specific rights that cannot be omitted, which means that, even in cases of intestate succession, certain relatives will receive a share of the inheritance.

This ensures that the wishes of the deceased and the rights of the heirs remain balanced, favoring an equitable distribution of the assets.

In complex situations, the testamentary heirs must know their rights and obligations. Legal advice becomes crucial to understand the process and avoid future difficulties. The statute of limitations on the inheritance can complicate the division, and certain actions or inactions can cause heirs to lose their right to claim their share.