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BOE-A-2026-11139 ·23 May 2026 ·Resolution Low impact
Administrative

Land Registrars: prohibited from making judicial interpretations of wills to suspend registrations

The Directorate General for Legal Certainty and Public Faith has ruled that interpreting testamentary provisions is a judicial competence rather than that of the Land Registrar. In this instance, the suspension of the registration of a deed for the addition of an inheritance was overturned, confirming that the Registrar must proceed with registration based on the succession title and the notary's interpretation, without requiring the appearance of trustees to consent to said interpretation (Art. 14 of the Mortgage Law).

In 2 key points

  1. The interpretation of testamentary provisions is a judicial competence and not that of the Registrar (art. 14 Ley Hipotecaria)
  2. The Registrar's qualification function is instrumental and cannot act as a guardian of notarial legality (art. 18 Ley Hipotecaria)

How it affects those involved

This ruling limits the discretionary power of Land Registrars to challenge notarial interpretations of wills, ensuring greater legal certainty and efficiency in the registration of inheritance-related deeds.

Lifecycle

2026-05-23PublishedPublished 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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