New inheritance law: heirs will not receive assets if the will is void

Heirs could lose the inheritance even if the will states otherwise. A legal change complicates the receipt of assets when the will does not meet the requirements.

The new Argentine succession law modifies the application of the will and regulates when it can be declared null, affecting the final distribution of assets. According to the Civil and Commercial Code, the declaration of nullity can leave heirs out of the inheritance, opening the way to intestate succession.

Why a will can be declared null according to the Civil Code

Legal reasons that invalidate the will

Articles 2462 and 2531 of the Civil and Commercial Code indicate reasons that cause a will to lose validity:

• Non-compliance with a legal prohibition.
• Defects in the form of drafting.
• Executed by a person without reason at the time of making the will.
• Executed by a person declared judicially incapacitated.
• If the testator cannot read or write and the participation of an interpreter in public deeds is not guaranteed.
• Made under error, deceit, or violence.

The immediate consequences of a testamentary nullity

A null will causes the assets not to be distributed according to the expressed will, but instead intestate succession is resorted to. This generates a judicial process that may prolong the resolution and increase family tensions.

The deceased's will, in some cases, remains locked away.

How the order of hereditary call works according to the new law

Priorities established by the Civil and Commercial Code

The code establishes a clear hierarchy to determine who inherits when there is no will or it is null:

• Descendants (children, grandchildren): have absolute preference.
• Ascendants (parents, grandparents): only inherit if there are no descendants.
• Spouse: shares the inheritance with descendants or ascendants, depending on the case.
• Collaterals (siblings, nephews): only if there are no descendants, ascendants, or spouse.
• The State: if there are no heirs, the assets pass to the State.

Forced heirs and the legitimate portion

Forced heirs, such as children and spouse, have the right to a minimum part of the inheritance, known as the legitimate portion. This rule limits the capacity of the will’s author to freely dispose of the assets and protects these family members.

The law prevents direct heirs from being excluded, even if the will states otherwise.

What happens when there are no heirs and intestate succession generates conflicts

Vacant inheritance and judicial intervention

If there are no heirs or legatees, the assets pass to the State by judicial declaration. Any person who claims later must initiate a formal process and accept the assets as they are.

Family tensions and the importance of legal advice

Intestate succession often generates family conflicts and litigation. The intervention of a judge is common to ensure that the distribution is made respecting the law and the rights of forced heirs.

A good lawyer can be the only difference between keeping the inheritance or losing it.

Inheritance rules vary depending on jurisdiction, and not knowing them can leave more than one surprised when it comes to dividing assets. Recent changes cause that now, even with a will, the inheritance may not reach who was expected.