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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of a deed for the acceptance and adjudication of an inheritance. The dispute arose because the Registrar considered that the will presented interpretative doubts due to the existence of a child (A. J. M. R.) who was not mentioned in the will, which could lead to preterition under Article 814 of the Civil Code. The appeal argues for the application of the 'favor testamenti' principle to avoid intestate succession and maintains that the invalidity of a will due to preterition generally requires a judicial declaration.
For the named heirs, the ruling calls into question the legal certainty of registry entries if the situation of the omitted child is not resolved judicially. For notaries, it highlights the importance of declaring preterition within the deed to attempt to uphold the testator's intent. The case underscores the risk of the Administration demanding a declaration of heirs when a will exists, which would contravene the doctrine that intestate succession is a last resort.
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