En esta noticia
It is well known that when a person dies, a valid will is often left in which they specify the distribution of their assets to those who were part of their life.
Even so, in some circumstances, the will may be declared void if the heir does not meet the legal requirements established by the Civil and Commercial Code of the Nation.
Although many families assume that the inheritance automatically passes to the spouse or the children, the reality is more complex: the distribution is strictly regulated and depends on the existence of a will, family ties, and various limits imposed by law to prevent abuses.
In the case of couples, not all spouses will be able to receive a share of the inheritance (or even the whole thing), even if they are officially married. What are the reasons and in which cases does it apply?
Rights of the surviving spouse during the inheritance process
The surviving spouse is considered a forced heir and retains rights even when there is a will. Their share depends on the rest of the heirs:
- With children: receives a share equal to that of each descendant.
- Without descendants, but with parents/grandparents: the estate is divided between the spouse and the ascendants.
- If there are no descendants or ascendants, the spouse inherits all the assets.
But if the deceased was suffering from a terminal illness and death occurs within 30 days after the marriage took place, there is no inheritance right, unless prior cohabitation is proven.
There is also no inheritance right when there was a divorce or a de facto separation without proof of reconciliation.
Reserved share: what is it and how does it protect direct relatives in a valid will?
Even when there is a valid will, the deceased’s wishes cannot violate the minimum share that the CCyC reserves for certain direct relatives. This limit is known as the reserved share and is set out in Article 2444.
Distribution of the estate: who receives what according to the law
- Descendants (children, grandchildren): must receive two-thirds of the total estate.
- Ascendants (parents, grandparents): they are entitled to half if there are no descendants.
- Surviving spouse: if they are the only forced heir, the reserved share is one-third.
The inheritance process can become even more complicated if the deceased left debts. In this case, the heirs must assume responsibility for settling the outstanding obligations before receiving any assets.
If the debts exceed the value of the inheritance, the heirs may choose to renounce the inheritance to avoid financial burdens.