In a remarkable legal ruling, the Superior Court of Justice in Corrientes, Argentina, declared a woman the heiress to her deceased husband's estate, even though they were separated at the time of his death. The court took into account a posthumous message from the terminally ill husband expressing a desire for reconciliation, as well as a notarized document that intended to conclude their divorce proceedings. The court's decision highlighted the absence of doubt regarding the husband's intention to reunite with his wife and emphasizes the protection due to her as his spouse, suggesting that their marital bond had not been irreparably severed despite the separation.

The ruling was prompted by a challenge from the deceased's brother, who sought to exclude the widow from inheriting the estate. Initially, a Civil and Commercial judge from Curuzú Cuatiá sided with the brother, and this decision was subsequently upheld by the Court of Appeals. However, the core of the dispute revolved around Article 2437 of the Civil and Commercial Code, which states that a de facto separation without the will to reunite or a judicial ruling ceasing cohabitation precludes a spouse's inheritance rights. The Court found compelling reasons to reject this interpretation in favor of the wife's claim, providing a unique precedent in Argentine inheritance law.

This decision signifies a pivotal moment in legal interpretations concerning matrimonial rights and inheritance in Argentina. It underscores the courts' willingness to examine the underlying intentions of the parties involved, rather than solely relying on formal legal frameworks. By recognizing the emotional and relational complexities involved in marriage, the ruling may encourage others to seek reconciliation before formal separation, thus having broader implications for how courts handle similar cases in the future.