Heritage
Argentina's legislation is more protective of the world in relation to a person communicates legacy after his death to his family. This protection is based on the paramount importance that our Constitution and civil laws give the family. For this reason, the family inheritance rules are very strict and are almost forced. An attempt is thus that the heritage forged in life a person, left after his death at the hands of his immediate family and direct. And indeed, this is also consistent with what most people think they work and form a capital, to serve for family support, and at the end of life is for those loved ones.
The law also provides that any person can make a few things or special benefits to relatives, friends, acquaintances, or institutions, who out of affection, gratitude or charitable reasons, wishes to foster after her death. This can make living a "testament", which is a written document can make privately-written handwritten by the person who expresses his will, and book to be read after his death, or it can perform in a notary public in where the notary public, notary complies with the request of his client testator, turning in a script all that it conveys to him. Wills can be changed or updated by its author as many times as desired until his death, and may even repent and rescind it before he died. This, because the will is something that a person can make a voluntary and free.
However, if a person's head or make donations of their goods in life, the heirs can not stop carrying out such provisions. If these close and direct heirs believe that such actions undermine their future portions of the estate, they should wait until after the death of the person that test or won, to claim to reduce or rectify those legal benefits or grants that the deceased had set in life. The part of the estate of a person who is guaranteed to please their heirs, is called "self-serving" and the legacy that it freely available to anyone wishing to benefit, is called "disposable portion."
So, our law says who are the heirs of a deceased person. They are called so, "forced heirs or heirs" because they are entitled to such "self-serving" we mentioned. This right to a portion of the inheritance can not be ignored, removed or circumvented for any reason, only to be denied the right heirs to the "legitimate share", to special reasons, serious and justified the Act lists as grounds for "disinherit "to those heirs.
The deceased's heirs are the descendants, ascendants and spouse. The latter may inherit if the marriage was bound to die when one spouse or, if they were "separate fact" to the date of death, but the surviving widow or widower was "innocent" of that separation can test. The spouse does not inherit if they were "separate person" by a court ruling that does not clarify who was innocent. Spouses' relational divorced "by a court, never inherit from each other, although some of them have been innocent, nor are inherited together members of a domestic partner who has not contracted a civil marriage.
forced heirship portion if only children:
The children of the deceased are entitled to inherit the "four-fifths" of the heritage left by the death of the mother or their father. This "self-serving" that the law guarantees the descendants (equivalent to 80% of the estate), is divided among the children equally. Mean, then, that the deceased can leave without problems in his will, or have given in life, only a fifth of its assets as "available portion (equivalent to 20% of its assets).
forced heirship portion if only children and grandchildren:
If all children are alive and accept their share of the inheritance, the grandchildren do not inherit, except that they leave something special in the will . But if a child has died before the death of his ancestor, or voluntarily give up your share of the inheritance, or is disinherited "for cause", the children of that child will occupy the vacancy left by his father or mother and take the legacy of the grandfather or grandmother's portion would have been entitled at the time of that parent . Other surviving children of the deceased each get their share as if nothing had happened to the brother died, renounced or disinherited.
forced heirship portion if there are children and spouses:
If there are children and spouse entitled to inherit, must share the inheritance. In this case, it behooves all together for four-fifths of the property to inherit (equivalent to 80% of the inheritance), and if the portion available for those who want to test is the fifth (20% remaining) of their heritage. As explained in the previous point, if a child can not take your part but have descendants, they will receive a portion of his father prevented. The internal distribution of goods among children and spouse varies depending on the type of property left by deceased, ie, whether they own it or marital marriage.
forced heirship portion if ascending:
When the deceased has no descendants then inherited by their ancestors - the dead parents, or grandparents if their parents are not or will not or can inherit, grandparents , .-. etc. The "self-serving" for the ancestors is a two-thirds of the inheritance (equivalent to two thirds of the goods) and, consequently, the "portion available" for those who want it to leave the remaining third of their property.
portion of inheritance if there is ascending spouse
is the same as what is said in the previous section, but with a twist in the internal distribution of those assets to be shared with each other ascendants and spouse, as distribution is different between them if the property was "owned" the deceased or acquisitions.
Forced heirship portion is only if spouse
When this happens, it must be the husband or the wife at least half the deceased's property (equivalent to 50%). Here the disposable portion is higher, since a person can leave in your will or legacy benefits for the other half of his estate, or life have donated goods to the value equivalent to that half available.
Of course, a person can die without a will and without having made donations in life. In this case, their heirs can take other property that has been at death it once covered their legitimate portions.
If the deceased has no heirs, and has not left a will naming heirs or leaving bequests, the law says that heredity is transmitted to other relatives of the deceased, to be convened to assert their rights of inheritance: siblings of the deceased , nieces, nephews, uncles, cousins, uncles, taking preference to receive the inheritance closer in the relationship before the farthest. And if he had no relatives and no longer had written a will, the estate of a deceased person van for the State, to enter the treasury and benefit the community.
Dr. Veronica Velasco
tel 156011309 or 4484773 Rosario City