How to Make a Will Under Argentine Law: Key Considerations and Guidance

Creating a Will is a crucial step in ensuring your assets are distributed according to your wishes after your death. Under Argentine law, you must follow specific procedures and formal requirements when making a valid Will. Understanding these requirements will help you make informed decisions about how to distribute your estate. Here’s a guide on how to create a Will in Argentina and the key considerations to keep in mind.

 

1. Creating a Will: Options Under Argentine Law

In Argentina, you have two main options for creating a Will: having it notarised by a Notary Public or writing it by hand.

 

• Notary Public (Escritura Pública): One of the most common ways to make a Will in Argentina is by doing so before a Notary Public. The Notary will request your personal details, along with the names of the individuals you wish to name as heirs. The Notary then drafts the Will in a formal document, which is signed by you and the Notary, ensuring that the Will is legally valid.
• Handwritten Will (Testamento Ológrafo): Alternatively, you can write a Will by hand, known as a “testamento ológrafo.” This is a more personal option, where you handwrite your Will and sign it. However, this type of Will must be signed, dated, and witnessed to be valid.

 

2. Naming Heirs vs. Leaving a Legacy

In your Will, you can either name heirs or leave a specific legacy. Each option comes with its own legal implications.

 

• Naming Heirs: If you choose to name heirs, you specify which individuals will inherit a portion of your estate. Under Argentine law, if you are married and/or have children, you cannot freely dispose of all your assets. For example, your children and spouse are entitled to a “reserved portion” of your estate. This reserved portion is a legal minimum share that cannot be disregarded, and you can only freely dispose of the remaining portion. Typically, if you have children, you may freely dispose of only one-third of your estate, while the other two-thirds must go to your children and spouse.
• Leaving a Legacy (Legado): A legacy allows you to leave a specific asset to a beneficiary. For example, you might want to leave a particular piece of property, money, or valuable item to someone. Unlike naming heirs, a legacy is restricted to specific assets and will only apply to those items that are still part of your estate at the time of your death.

 

3. Legal Formalities: Ensuring Your Will is Valid

To ensure that your Will is valid and that your wishes will be respected, it’s essential to comply with all the legal formalities required by Argentine law. This includes ensuring that the Will is correctly signed and witnessed, especially in the case of handwritten Wills.

For a Will before a Notary Public, the Notary will ensure that the document adheres to legal requirements. If you are writing a handwritten Will, it is essential to have it dated and signed clearly to avoid any issues with its validity.

 

4. Professional Guidance: A Wise Decision

Creating a Will in Argentina is an essential step in ensuring your assets are distributed according to your wishes. Whether you choose to make a Will before a Notary Public or handwrite one yourself, it’s important to understand the legal requirements to ensure everything is done correctly. If you need assistance with creating a Will, we are here to help. Don’t hesitate to reach out to us for the guidance you need.

At our firm, we provide expert guidance to make sure your Will is valid. We help navigate Argentine inheritance law and ensure your wishes are respected.

 

 

 

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