Making a will if I live outside Argentina

[PaulBee]

I have property in Argentina, but don´t expect I will live there again (sadly). I want to make out my will.
Does anyone know whether I must go to an Argentine consulate re my Argentine property ? Or
can I make out my will at a regular notary´s office as is usual here.

Sorry to bother you with this, but sometimes bureaucrats give false answers in order to benefit
themselves.

TIA !

 

[jbeas176]

can tell you whats right but, what i did is gave my place to girlfriend of 15 years the property and stipulated the friend that helps me by paying the expenses, can purchase the property at 75% of value.

 

[Silvie]

As far as I could find out, the law that applies is the law prevailing in the country of your last residence when you die. You do not need to go to the Argentine consulate if you will be living abroad. Just look for a lawyer where you will be living and talk to him.

 

[Sojourner]

What I was told one time by someone who seemed to know what they were talking about:

If, for example, a spouse with two children owns an apartment (example) in Argentina and the owner dies, the apartment is then by law owned by the other spouse (50%) and child 1 (25%) and child 2 (25%). Is this true? I don't know. And if it is true, then can a foreign or domestic will override this property disposition? I don't know. Maybe my source was only describing someone who died intestate.

All I am really doing here is suggesting that things might be more complicated than one would wish and consultation with a lawyer (escribano?) might prove needful. Hopefully too someone on this board will have practical knowledge to share.

 

[elhombresinnombre]

The basic rule of thumb is that no Will made out under one jurisdiction can be expected to have authority in another one so a person with assets in more than one jurisdiction ought to prepare a Will for each. Your "main" Will (in the country where you are domiciled) can cover all the assets in that country and personal things like funeral arrangements etc. A Google search typing in something like your country of domicile plus "making a will for foreign assets" will bring up lots of law firms who display advice which should be consistent with this and they will give you an idea of what's involved. If you have assets in other countries as well as your country of domicile and in Argentina you ought to investigate making a Will for those assets there too.

Surprisingly few Argentines make Wills. This is because Argentine law is pretty exhaustive about how one's assets may be distributed and not a lot of discretion is possible. Argentina is not like the UK and the US etc where you can (within reason) cut off a close relative and leave all your money to a pet's home if you chose to.

My suggestions would be these: first, get a bit more advice about inheritance law in Argentina and decide whether what you want to happen to your assets would fall within what's possible under Argentine law. Then, if you are confident that it it does, get a specialist to draft your Argentine Will.

If there is likely to be a clash between your wishes and Argentine law then I think you should consider alternatives while you are still able to do so.

I Am Not A Lawyer and I strongly advise you to consult one about this.

 

[Brian_is_here]

My wife is a lawyer and explained to me that the next of kin get the assets and less discretion is left to you. I think some minority of your total assets.

My understanding is that estate planning here basically involves giving away all your stuff before you die to your next of kin anyways just to avoid the courts. Which suck. Easier to transfer property while you still breathe.

 

[Silvie]

My wife is a lawyer and explained to me that the next of kin get the assets and less discretion is left to you. I think some minority of your total assets.

My understanding is that estate planning here basically involves giving away all your stuff before you die to your next of kin anyways just to avoid the courts. Which suck. Easier to transfer property while you still breathe.

It's much more complex than that.

 

[nikad]

I am not an expert but I know some law firms deal with international estates. The rule of thumb is that assets in Arg are transferred according to Arg laws. This being said I know that you could write a will, donate, etc and have the documents legalized / notarized at an Arg consulate in your country just so they can be executed here. I am not sure about your family situation or how you are planning to distribute your assets, but try to find a reliable firm or notary in Arg to discuss your options.

 

[PaulBee]

I am not an expert but I know some law firms deal with international estates. The rule of thumb is that assets in Arg are transferred according to Arg laws. This being said I know that you could write a will, donate, etc and have the documents legalized / notarized at an Arg consulate in your country just so they can be executed here. I am not sure about your family situation or how you are planning to distribute your assets, but try to find a reliable firm or notary in Arg to discuss your options.

Thanks for all of your excellent info and ideas !