Inheritance laws

#1
Can somebody tell me what happens if an Argentine citizen(probally a Belgian) dies in Argentina and has an wife and 3 kids.
Does his estate go to the wife or 62,5%(childs part) and 12,5% for each child?
 
#2
If there is a last will and testament executed by that person - that dictates what anyone gets. Even the gardener can get the nice Porshe if it is stated in the will. Or the son gets nothing - if stated (signed and noted by the escribano)! Let me tell you it can happen. The state law only applies/kicks in, if there is no will. A wealthy or even just a well to do person usually has a lawyer and a separate escribano - to take care of estate issues.
 
#3
"Grazie" said:
If there is a last will and testament executed by that person - that dictates what anyone gets. Even the gardener can get the nice Porshe if it is stated in the will. Or the son gets nothing - if stated (signed and noted by the escribano)! Let me tell you it can happen. The state law only applies/kicks in, if there is no will. A wealthy or even just a well to do person usually has a lawyer and a separate escribano - to take care of estate issues.
There is no testament and I need to know what the law says
Its much more complicated as well but that does not matter for my question


 
#4
In Argentina, unlike the US and the UK, you CAN NOT disinherit your children. If you have children, they automatically have rights to your estate. With a will you may leave a small fraction (I believe 20%) of your estate to whomever you want. Inheritance is completely different from the system followed by countries influenced by English common law.
 
#5
"chris" said:
In Argentina, unlike the US and the UK, you CAN NOT disinherit your children. If you have children, they automatically have rights to your estate. With a will you may leave a small fraction (I believe 20%) of your estate to whomever you want. Inheritance is completely different from the system followed by countries influenced by English common law.
Do you know the percentages for Argentina?
Now its not neccesary to go a lawyer, maybe later
 
#6
Chris, does this go down the lines of illegitimate offsprings? I thought the person in question's nationality was Argentinian probably Belgian. Isn't Belgian governed by the same set of inheritance laws largely and widely used in the west?
And let me just throw this in, if an offspring is deemed "not capable of making a living for himself", the parent can leave larger amount to that child compared to others and Argentina will even give the parent's pension to that child, if necessary.
You can not even do that in the US - without going into probate.
 
#7
Yes, Argentine inheritance laws quite definitely include children born
out of wedlock. Also if there are no children the grandchildren will
inherit the estate, whether or not the deceased wanted it that way. I don't know anything about law in Belgium. It may be similar to Argentina's system which is based on Roman law. The US legal system was modeled on English common law. Under this system individuals have a lot of freedom in determining how their estates are to be handled. I am not sure if Grazie is correct that in Argentina one child can receive more than his siblings - for any reason. I will have to research this. The comment made earlier that an Argentine citizen or legal resident can do as he/she wants as long as there is a notarized will is completely untrue. No will can contradict the laws of the Republic. Inheritance laws in Argentina are very clear. You can not favor anyone over your children. As for your spouse, the wealth that you acquire PRIOR to marriage remains yours in the event of divorce. Whatever you have acquired AFTER marriage must be divided if there is a divorce. Children can never be cut out of a will.
 
#8
The applicable law regarding succesions in Argentina is that of the last domicile of the couple.
As the last domicile is in Argentina, Argentine law is applicable.
Argentine law states 50% of the estate will go to the spouse and the remaining 50% to the kids,
unless there is a will that allows 20% to goto someone else... but no more than that.
There are "forced heirs/ herederos forzosos" you cannot disinherit spouse or children as Chris well said.
 
#9
I think one has forgotten to mention inheritance with regards to wife.
In the UK if a spouse dies, everything goes to the spouse, unless there is a will or contestation. It only goes to the children after the spouse.
In Argentina they have Napoleonic Law. All offspring, that includes children born out of wedlock inherit directly after a parents death. The husband or wife receive a part of that estate, For example. If there is a wife and three children the estate is split four ways. I believe that there is a percentage that a person may will outside of that, but it is a small percentage. If however a marriage was celibrated out side of Argentina there may be a compromise between the two jurisdictions but that is more the case in divorce.
Also, as I mentioned in another thread. Do be careful if you decide to marry an Argentine. Especially if you go and live in a house that they owned pre marriage in nArgentina. Because even if new wife/husband invest 100's of thousands of dollars in that property, in case of divorce you are fucked. As this is considered a pre marital "bene". You may argue that the property value has increased during the marriage but they do not give a hoot and the worst thing is, if you do not get on with any step children you are going to feel pretty sick that they inherit all your input. Worse still if you have other childern of your own from another marriage they dont get a slice of the money you invested. There are other situations which I am investigating myself now and I am very happilly married. Where apart from money I brought lots of art and objects of importance into the home. This investigation was brought about by one of my very spoiled step daughter's making a comment to my husband about a very valuable statue that I brought in from the UK and which was inherited from my mother. This step daughter asked Daddy "can I have that when you die". daddy just smiled. Which pissed me off. A few days later I mentioned it to a lawyer friend of mine, who told me. "watch it, with those girls", I asked why. She said "do you have the proof that it is yours" I replied. "What do you mean? the proof I brought it with me from the UK in a container full of other precious things? She told me that if my husband dies, and the girls tried to grab my stuff the courts here would ask me to PROVE by documentation that all the goods I claimed were mine are in fact mine. Well how the hell do I get the bill of sale of porcelain acquired by my grt grt grt grandmother or the like?
So now I am moving MY things into a property acquired by me. How sad is that? The problem is they can still try and grab a part of that because I bought the property during this marriage.
So all BE WARNED
 
#10
Belgian A is born in Belgium and ownes 50% of a home with his brother B who stayed in Belgium. B marries in Spain with C and moves to Argentina. A and C get 3 kids D,E,F. A dies, F dies a little later.
If Granadaiscool now makes the kids of B to pay for the 50% that is owned by A. Who recieve the Inheritance?
My guess it must be C, D and E with C getting 50% plus 16,67% for F who died and D and E with both 16,67%
Would this be correct?