Wills and Testaments in Argentina

nikad

Registered
Assuming her grandmother is a widow, she can only leave 1/3 of her assets to whomever she wants ( ie your girlfriend ) the remaining 2/3 will go to her daughter no matter what.
 

camel

Registered
Assuming her grandmother is a widow, she can only leave 1/3 of her assets to whomever she wants ( ie your girlfriend ) the remaining 2/3 will go to her daughter no matter what.
Weird. So while she's alive, she could give all of her assets to whomever she wants. But not upon her death?

Do they use trusts in Argentina to get around that limitation?
 

steveinbsas

Registered
Weird. So while she's alive, she could give all of her assets to whomever she wants. But not upon her death?

Do they use trusts in Argentina to get around that limitation?

The only way I know of to circumvent the inheritance laws is to make a donación con usufructo which means that you give your property (with full transfer of title) to another person before you die and that person does not have to be a relative.

. With the donación con usufructo the donor has the use of the property until they die... with no fuss, no muss at the last minute.
 

nikad

Registered
Weird. So while she's alive, she could give all of her assets to whomever she wants. But not upon her death?

Do they use trusts in Argentina to get around that limitation?
She cannot do it while she is alive either, of it can be proven that it is being done to prevent a legitimate person to inherit, a judge will get it null it.
 

Silvie

Registered
Does this mean the donación con usufructo can only be used to give a property to the family member who is first in line to inherit it?
My “escribana” recently told me that I can make a donación con usufructo to whoever I choose and that person doesn’t need to be related to me .
 

Stantucker

Registered
My “escribana” recently told me that I can make a donación con usufructo to whoever I choose and that person doesn’t need to be related to me .
Forgive me for belaboring the point, but are you saying even with herederos forzosos, you can still donate it to whomever you want?
 

nikad

Registered
Does this mean the donación con usufructo can only be used to give a property to the family member who is first in line to inherit it?
Yes, that is my understanding. You could still donate to somebody else, however herederos forzosos could start a legal action "Accion de Colacion " against you or whomever received such donation. Through this legal action, whomever received the donation will have to indemnify the people that were meant to inherit it.
 
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