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BOE-A-2026-10629 ·16 May 2026 ·Resolution Low impact
Tax

Heirs may register inheritance allocation even if the widow does not consent to the payment of her statutory share

The Directorate General for Legal Certainty and Public Faith has ruled that an inheritance allocation deed can be registered in the Land Registry, even if there is a dispute regarding the widow's statutory share (Resolution of 14 January 2026). The ruling establishes that a lack of agreement on the statutory share should not halt the legal circulation of other assets within the estate, as the right to claim such a share belongs to the holder of the right rather than the heirs (Legal Grounds).

In 2 key points

  1. The widow's failure to pursue a judicial claim for her statutory share does not prevent the registration of the partition of other assets (Fundamentos de Derecho)
  2. The action to claim a statutory share must be brought by the holder of the right and not by the heirs (Fundamentos de Derecho)

How it affects those involved

For heirs, this resolution allows for the registration of estate assets without waiting for a judicial resolution regarding the widow's statutory share, thereby preventing the freezing of assets (Legal Grounds). For the widow, her right to claim the statutory share remains intact through the appropriate legal channels, and her opposition does not prevent the management of other assets (Legal Grounds).

Lifecycle

2026-05-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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