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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 Inheritance Law establishes that the will may be declared null 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 when the will does not cover all assets.
What types of succession are there in Argentina:
Why a will can be annulled
According to articles 2462 and 2531 of the Civil and Commercial Code, a will may be declared null for the following reasons:
Who are the main heirs of the assets
Article 2340 of the Civil and Commercial Code establishes an order of inheritance summons, 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, vacant inheritance is established. In such a circumstance, the judge orders the delivery of the assets to the State.
If at a later time someone claims inheritance rights, they must file a request for inheritance and accept the assets in the condition in which they are found.
Consequences of being declared an unworthy heir in succession cases
The declaration of unworthiness to inherit mainly results in the exclusion of the heir from the deceased’s estate. This means that the person declared unworthy loses the right to receive assets, rights, or benefits that would have corresponded to them because of their status as heir, as if they had never been called to inherit from the deceased.
In addition, the unworthy heir must return any inherited assets they received, together with the fruits or benefits obtained from them from 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, taking the place that would have corresponded to the excluded heir, in accordance with the rules set forth by the Civil and Commercial Code of the Nation.