Is the foreign will valid in Argentina?
Argentine law accepts a will signed abroad if its form complies with the law of the place where it was signed, the law of the testator's domicile, habitual residence or nationality, or Argentine law. A will that is formally valid where it was made will usually be accepted.
What it can and cannot do over Argentine assets
For real estate in Argentina, Argentine succession law applies. That means forced heirship: children, parents and a surviving spouse are entitled to a reserved share that a will cannot reduce. A will that leaves everything to one child or to a charity may be partly ineffective over Argentine property. See our guide to forced heirship in Argentina.
Assets in Argentina are often left out of a U.S. trust, or the trust never received title to them. In those cases an Argentine succession is still needed. We review the trust and the will together.
How the will is brought into the Argentine case
- We obtain a certified copy of the will and, where relevant, the foreign probate order.
- The documents are apostilled or legalised and translated by an Argentine certified translator.
- We file them with the Argentine court, which reviews the will and orders its registration as part of the succession.
- Executors appointed abroad may need specific powers to act in Argentina.
Coordinating with foreign counsel
Many of these cases arrive through a foreign law firm or executor. We work alongside them on timing, documents and reporting. See For international law firms.
Main references: CCCN art. 2644 (applicable law), art. 2645 (form of wills made abroad), arts. 2444 ff. (forced heirship). To be verified before publication.