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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 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 assets. The purpose is to avoid legal conflicts through a system that assigns the inheritance to the closest relatives.
In Argentina, there are two kinds 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 regulations define who the heirs will be and the method for distributing the inheritance.
- Testamentary succession: occurs when the deceased leaves a valid will that details their wishes regarding the distribution of their assets. However, this freedom has restrictions due to the forced share, which grants a minimum portion to forced heirs (children, parents, and spouse).
Reasons a will may be declared null according to 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 granted by a person judicially declared incapable.
- Because the testator is a person who has limitations in communicating orally and, moreover, cannot read or write, unless it is done by public deed, with the participation of an interpreter at the act.
- Because it was granted by a person deprived of reason at the time of making the will. The lack of reason must be proven by whoever challenges the act.
- Because it has formal defects.
- Because it violates a legal prohibition.
- Because it was granted with error, deceit, or violence.
What is the order of succession, according to the Civil and Commercial Code?
Article 2340 of the Civil and Commercial Code establishes an order of succession call, which prioritizes certain relatives:
- Descendants (children, grandchildren): they have priority and exclude the others.
- Ascendants (parents, grandparents): inherit only if there are no descendants.
- Spouse: inherits together with descendants or ascendants, depending on the case.
- Collateral relatives (siblings, nephews, and nieces): inherit if there are no descendants, ascendants, or spouse.
- The State: if there are no heirs, the assets pass to the State.
What happens when there are no heirs?
In the event of there being no heirs or legatees, the vacant inheritance is determined. In such a situation, the judge orders the transfer of the assets to the State.
If, at a later stage, a claim to inheritance rights is brought forward, it is imperative that an inheritance request be filed 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 relevant to note that the 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 deceased’s wishes and the rights of the heirs remain in balance, favoring an equitable distribution of the assets.
In complex situations, 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 distribution, and certain actions or inactions can cause heirs to lose their right to claim their share.