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BOE-A-2026-12984 ·15 June 2026 ·Resolution Low impact
Corporate

Inheritance partition: legatees of an aliquot share do not need to intervene if heirs have renounced the inheritance

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding the suspension of the registration of a deed for the liquidation of a matrimonial property regime and the adjudication of an inheritance. The dispute concerns whether a legatee of an aliquot share must intervene in the partition when the transferor's heirs have renounced the inheritance outright (Art. 1006 of the Civil Code). The resolution analyses the application of the right of transmission in cases of inheritance renunciation.

In 2 key points

  1. The right of transmission allows the same rights held by a deceased heir who neither accepted nor repudiated the inheritance to pass to their successors (Art. 1006 of the Civil Code). (art. 1006 Código Civil)
  2. The necessity of intervention by legatees of an aliquot share following the renunciation of the inheritance by the heirs is under debate. (Hechos II)

How it affects those involved

For heirs and legatees, the ruling clarifies the limits of intervention in succession partitions when the right of transmission applies (Art. 1006 of the Civil Code). In this specific case, the debate focuses on whether the renunciation by forced heirs precludes the need for ratification by a legatee of an aliquot share in the partition of the original deceased's assets. This reduces the requirement for appearances in complex inheritance liquidation processes.

Lifecycle

2026-06-15PublishedPublished 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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