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BOE-A-2026-13185 ·17 June 2026 ·Resolution Low impact
Corporate

Suspension of registration: Registrar requires deed of notoriety to prove descendants in cases of vulgar substitution

The Directorate General for Legal Certainty and Public Faith has confirmed the suspension of the registration of a deed of renunciation of inheritance and adjudication of assets. The Almería No. 5 Land Registrar refused registration on the grounds that the family book was insufficient to prove the identity of the descendants of the heir who renounced the inheritance, requiring a deed of notoriety to validate the vulgar substitution (Facts I and II).

In 2 key points

  1. Registration is suspended due to the insufficiency of the family book in proving the identity of the descendants of the substituted person (Facts II). (Hechos II)
  2. The registrar requires the submission of a Deed of Notoriety to prove descent in cases of vulgar substitution (Facts II). (Hechos II)

How it affects those involved

For heirs and individuals involved in succession processes involving vulgar substitution, this ruling reinforces the requirement for evidentiary means beyond the family book to prove the filiation of substitutes before the Land Registry. This implies a risk of registration suspension if the deed of renunciation or acceptance is not accompanied by a deed of notoriety certifying the descent (Facts II).

Lifecycle

2026-06-17PublishedPublished 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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