Yes, Argentine law permits disinheriting a child, but only under strict statutory grounds codified in the Civil and Commercial Code (CCC). The testator must prove just cause—such as severe filial misconduct—through documented evidence, or the disinheritance may be challenged in court. Provincial probate courts, overseen by the Consejo de la Magistratura, enforce these provisions, with recent 2026 procedural reforms tightening evidentiary standards to curb abusive claims.
Key Regulations for Disinheriting a Child in Argentina
- Legitimate Grounds Required: Disinheritance is valid only for causes listed in Article 2673 of the CCC, including attempted murder, abandonment, or persistent disrespect. Vague or unsubstantiated allegations are routinely rejected by courts in Buenos Aires and Córdoba.
- Formalities and Proof: The will must explicitly state the grounds and provide notarized or judicial proof of the misconduct. Since 2024, digital evidence (e.g., authenticated messages) is admissible, but must meet Ley 27.275 standards for electronic signatures.
- Judicial Scrutiny: Disinherited heirs may file a acción de indignidad within 2 years of the will’s probate, forcing the testator’s estate to prove the cause. Courts apply a strict proportionality test, balancing the child’s conduct against the estate’s size and family obligations.