En esta noticia
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 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 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 law defines 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 is subject to restrictions under the forced heirship portion, which grants a minimum share to the forced heirs (children, parents, and spouse).
Why a will can be declared null
According to Articles 2462 and 2531 of the Civil and Commercial Code, the will can 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, in addition, cannot read or write, except when done by public deed, with the participation of an interpreter in 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 of formal defects.
- Because it violates a legal prohibition.
- Because it was granted under mistake, fraud, or violence.
What is the order of inheritance summons, according to the Civil and Commercial Code?
Article 2340 of the Civil and Commercial Code establishes an order of inheritance summons, 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 event that there are no heirs or legatees, the vacant inheritance is determined. In such a situation, the judge orders the assets to be handed over to the State.
If, at a later stage, a claim to inheritance rights is filed, it is imperative that an inheritance petition be submitted and that the assets be accepted in their current state.
Intestate succession: the keys to the process
When a person dies without a valid will, the law establishes a precise procedure for distributing 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 intestate succession cases, certain relatives will receive a share of the inheritance.
This ensures that the deceased’s wishes and the heirs’ rights remain in balance, favoring an equitable distribution of the assets.
In complex situations, testators 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.