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In Argentina, it is very common that when a person dies, they have left a valid will that determines the distribution of their assets.
However, the Argentine Succession Law establishes that the will may be declared void if it does not meet certain legal requirements, established by the Civil and Commercial Code of the Nation.
In such cases, the intestate succession process begins, which applies when there is no will or it does not cover all the assets.
What types of succession are there in Argentina:
Why a will may be annulled
According to articles 2462 and 2531 of the Civil and Commercial Code, the will may be declared void for the following reasons:
Who are the main heirs to the assets
Article 2340 of the Civil and Commercial Code establishes an order of successional calling, which prioritizes certain relatives when carrying out the division of assets:
What happens if there are no heirs?
In the event that there are no heirs or legatees, a vacant inheritance is established. In such a circumstance, the judge orders the assets to be handed over to the State.
If at a later time someone claims inheritance rights, it is necessary for them to initiate a claim for inheritance and accept the assets in the condition in which they are found.
Consequences of being declared an unworthy heir in succession
The declaration of unworthiness to inherit mainly results in the heir being excluded from the deceased’s inheritance. This means that the person declared unworthy loses the right to receive assets, rights, or benefits that would have corresponded to them by virtue of their status as heir, as if they had never been called to inherit the deceased.
In addition, the unworthy heir must return the inherited assets they received, together with the fruits or benefits obtained from them since the moment they took possession.
On the other hand, unworthiness affects only the person declared unworthy and not necessarily their descendants. In certain cases, children or other descendants may retain the right to inherit by representation, occupying the place that would have corresponded to the excluded heir, according to the rules provided for by the Civil and Commercial Code of the Nation.