Children are entitled to two thirds of the estate, parents to one half, and a surviving spouse to one half. A will can freely dispose only of the rest. Lifetime gifts are taken into account.
Who is a forced heir
Descendants, ascendants and the surviving spouse. Their reserved shares are:
- Descendants: two thirds of the estate.
- Ascendants: one half.
- Surviving spouse: one half.
The freely disposable portion is what remains. The testator may also leave an additional share to a descendant or ascendant with a disability, within limits set by law.
Gifts made during life
To protect the reserved shares, the law adds back the value of gifts made by the deceased. A forced heir whose share was reduced can claim against the beneficiaries of excessive gifts or legacies.
Why it matters for foreign families
Many legal systems, including most U.S. states, allow a testator to leave the estate to anyone. Argentine real estate, however, follows Argentine succession law. A will or a trust that ignores the reserved shares may be partly ineffective over that property.
The surviving spouse and community property
Before applying the succession rules, the community property of the marriage is divided: the surviving spouse keeps their half as a spouse, not as an heir. In the deceased's half of community property, a spouse does not inherit alongside descendants; in the deceased's separate property, a spouse takes a share equal to a child's.
References: CCCN arts. 2444–2461 (forced heirship), arts. 2433–2435 (succession of the spouse), art. 2644 (law applicable to immovables in Argentina). To be verified before publication.
This guide is general information about Argentine law and is not legal advice for any specific case.