WhatsApp Message Overturns Inheritance Ruling in Argentina, Prioritizing Deceased’s Intent
A landmark decision by the Corrientes Justice in Argentina has restored a woman’s hereditary rights, reversing an initial exclusion based on ongoing divorce proceedings. The reversal hinged on a poignant WhatsApp audio message sent by her ex-husband shortly before his death, which the court deemed definitive proof of his desire to reconcile and financially protect her.
The case gained prominence after the woman was initially denied inheritance due to Article 2437 of the Civil and Commercial Code, which disqualifies individuals in the process of separation or divorce. However, the province’s highest court opted to re-evaluate this strict interpretation, ultimately siding with the widow.
A Terminal Diagnosis and a Plea for Reconciliation
The couple had been living separately for over a year and had initiated divorce proceedings when the man received a terminal illness diagnosis. It was in this context that he sent the crucial audio message, which became the centerpiece of the legal battle.
“I want to desist from the binding divorce, it is my will. We spent a year apart and I realized I can’t lose her,” the man stated in the recording. He further expressed his fears, adding, “If something happens to me, I don’t want to leave her behind.”
From Legal Obstacle to Human Consideration
Initially, the Corrientes Justice maintained that the woman was ineligible for inheritance, citing the ongoing divorce. However, the Superior Court of Justice of Corrientes adopted a more nuanced approach, prioritizing the context and the deceased’s expressed intentions.
Justices Guillermo Semhan, Luis Eduardo Rey Vázquez, Fernando Augusto Niz, and Alejandro Alberto Chain collectively determined that the law should not be applied rigidly when clear evidence of a party’s will exists. They found the man’s attempt to halt the divorce and safeguard his wife to be “unequivocal,” validating the audio as compelling evidence.
A Precedent for Humanizing the Law
With this ruling, the Justice system sided with the widow, reinstating her hereditary rights. This decision establishes an unusual precedent, emphasizing the importance of human interpretation within the legal framework. The court’s decision underscores a shift towards considering the emotional and personal context surrounding legal matters, rather than solely relying on strict adherence to codified rules.
This case demonstrates how evolving technologies, like WhatsApp, can play a critical role in legal proceedings, offering a direct window into an individual’s final wishes and intentions. The Corrientes Justice’s decision serves as a powerful reminder that the law, at its best, should reflect not only its letter but also its spirit.
