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About Private Client Law in San Justo, Argentina

Private Client law covers the legal needs of individuals and families related to personal wealth, property, family relationships and succession. In San Justo - the administrative center of La Matanza in Buenos Aires province - Private Client work typically includes estate planning, wills and successions, matrimonial property regimes, powers of attorney, donations, trusts and fiduciary arrangements, asset protection and tax considerations tied to personal assets. National rules, primarily the Civil and Commercial Code of the Nation, set the core legal framework, while provincial registries, notaries and tax authorities handle formalities and local procedures.

Legal services in this area are often provided by abogados who work together with escribanos publicos, accountants and financial advisors to prepare documents, register rights, manage succession proceedings and advise on cross-border issues for Argentines with assets abroad or foreigners with assets in Argentina.

Why You May Need a Lawyer

Private Client matters affect fundamental personal and family interests. People commonly seek a lawyer in San Justo for the following reasons:

- To draft or update a will that reflects current wishes while respecting mandatory inheritance rules.

- To open and administer a succession process after a death, or to contest a succession if there is a dispute.

- To establish powers of attorney for health care or financial decision-making in the event of incapacity.

- To structure transfers of property, whether by donation, sale or fideicomiso, and to register those transfers correctly with provincial registries.

- To negotiate and formalize matrimonial property regimes, prenuptial or postnuptial agreements that affect ownership and inheritance rights.

- To design estate plans that consider taxes, creditor exposure and the needs of dependent relatives.

- To coordinate cross-border estate or tax matters when assets, heirs or obligations exist in more than one country.

Local Laws Overview

Key legal elements relevant to Private Client work in San Justo include the following:

- National Civil and Commercial Code: The 2015 Code governs family law, inheritance rules, wills and many contractual matters. It sets rules on legitimate portions reserved for certain heirs, capacities for making wills and the formalities required for different testamentary formats.

- Forced heirship and legitimate portion: Argentine law protects certain family members by reserving a portion of the estate for them. This limits absolute testamentary freedom and affects how assets can be distributed by will.

- Wills and testamentary forms: Common options include public wills drafted before an escribano and private or holographic wills. Formal requirements and evidentiary weight differ by type, so choosing the appropriate form is important.

- Matrimonial property regimes: Couples may choose a regime at marriage or later by contract. The chosen regime affects ownership of assets and how they are treated at death or separation. Formal registration with an escribano is typically required for agreements between spouses.

- Fideicomiso and fiduciary arrangements: The fideicomiso is a flexible instrument used to manage assets, protect wealth, facilitate business succession and hold property for minors or vulnerable beneficiaries. It is commonly constructed through a trust contract and administered by a fiduciary or bank.

- Registries and notaries: Real estate ownership is transferred and recorded at the Registro de la Propiedad Inmueble of the Province of Buenos Aires. Many acts - especially those affecting real estate and powers of attorney - require notarization by an escribano and, in some cases, registration.

- Taxes, fees and local procedures: Successions and transfers can trigger provincial and municipal taxes, stamp duties and notary fees. The specific obligations and rates depend on the nature of the asset and its location. Coordination with an accountant or fiscal specialist is generally necessary.

- Court-based succession proceedings: When succession matters are contested or assets cannot be transferred extrajudicially, a juicio de sucesión proceeds through the civil courts. The duration and steps depend on the complexity of the estate and any disputes between heirs.

Frequently Asked Questions

How do I make a legally valid will in San Justo?

There are several testamentary formats. The most secure option is a public will executed before an escribano public, who records the terms and ensures formal requirements are met. Holographic wills written entirely by the testator and signed and dated can also be valid, but they may be more vulnerable to challenges. A lawyer or escribano can advise which form best suits your situation and ensure validity.

Can I disinherit a close relative?

Argentine law protects certain heirs through a legitimate portion. Complete disinheritance of a forced heir is generally restricted and only permitted in specific, legally defined cases. A lawyer can assess whether valid grounds exist to reduce or exclude a forced heir and help structure alternative arrangements within legal limits.

What steps are required after a death to transfer property?

Immediate steps include securing documents such as the death certificate, will if any, titles to property, account statements and identification for heirs. Depending on the estate, transfer can be pursued by an extrajudicial settlement with an escribano or through a judicial succession. Real estate transfers require inscription at the provincial property registry and payment of applicable fees and taxes.

How long does a succession proceeding usually take?

Timing varies widely. Simple uncontested successions with clear assets and heirs may be resolved more quickly, especially when an extrajudicial settlement is possible. Contested successions, unclear title, multiple jurisdictions or complex assets can extend the process to months or years. A local lawyer can provide an estimate based on the estate details.

What is a fideicomiso and when is it useful?

A fideicomiso is a fiduciary arrangement where a settlor places assets under the administration of a fiduciary for the benefit of beneficiaries. It can be used for estate planning, managing assets for minors, protecting property from disputes, or organizing business succession. Terms are set in the trust contract and must comply with applicable law.

Do I need a power of attorney and how should it be made?

A power of attorney is useful to allow a trusted person to manage financial or legal matters if you are absent or incapacitated. For important powers - especially those affecting real estate - the power should be public and signed before an escribano, and in some cases it must be registered. Tailor the scope and duration to your needs and seek legal drafting to avoid ambiguity.

How are taxes handled when inheriting assets in Argentina?

Inheritance-related taxes and fees depend on the asset type and its location. There can be provincial or municipal taxes, notary fees and registry charges. Argentina does not have a unified national inheritance tax, but provincial rules and transaction taxes may apply. Coordinate with a lawyer and tax advisor to calculate liabilities and plan to minimize unexpected costs.

What documents should heirs gather at the start of a succession?

Key documents include the death certificate, the decedent's DNI, any will, property titles, bank account statements, insurance policies, vehicle titles, marriage certificate and birth certificates for heirs, tax records and recent accountings of business interests. Having certified copies speeds up procedures.

Can foreigners inherit property in San Justo?

Yes, foreigners can inherit property in Argentina. Cross-border issues such as conflicting laws, taxes in multiple jurisdictions and the need to validate foreign documents can complicate matters. Foreign heirs often need local representation, document apostilles or legalization and advice on tax consequences in both countries.

How do I choose the right lawyer for Private Client matters in San Justo?

Look for a lawyer with experience in succession law, family law, real estate and estate planning. Verify membership in the local bar association and request references or examples of similar matters handled. Confirm fee structure, ask about coordination with notaries and accountants, and make sure communication expectations and timelines are clear before engagement.

Additional Resources

Useful local and regional institutions that commonly assist with Private Client matters include:

- Colegio de Abogados of the relevant local bar for lawyer referrals and professional standards.

- Colegio de Escribanos de la Provincia de Buenos Aires for notarial practice and guidance on public instruments.

- Registro de la Propiedad Inmueble de la Provincia de Buenos Aires for property registration and information on title searches.

- Dirección General de Rentas and municipal tax offices for questions about provincial and local taxes related to transfers and successions.

- ANSES for issues that involve social security benefits, survivor pensions and related administrative procedures.

- Local civil courts that handle succession proceedings and can provide procedural information through their offices.

Next Steps

If you need legal assistance in Private Client matters in San Justo, consider the following steps to move forward efficiently:

- Gather basic documentation: death certificate if applicable, identity documents, property titles, recent bank statements, marriage and birth certificates and any existing wills or powers of attorney.

- Schedule an initial consultation with a local abogado experienced in successions and estate planning. Prepare a short summary of your situation and a list of questions to make the meeting productive.

- Ask about fees and estimated timelines up front. Confirm how the lawyer will communicate updates and whether they work with a trusted escribano and accountant.

- If urgent measures are needed - for example to secure property, prevent dissipation of assets or preserve business operations - explain the urgency so the lawyer can advise immediate protective steps.

- Consider drafting or updating a clear will, powers of attorney and, if appropriate, a fideicomiso to reduce future legal friction and protect beneficiaries.

- If you have assets or heirs in other countries, inform your lawyer early so cross-border planning and tax advice can be coordinated.

Private Client issues touch on personal, financial and family concerns. Early professional advice tailored to the specifics of your estate and family situation will help protect your interests and reduce the risk of costly disputes.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.