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The Directorate General for Legal Certainty and Public Faith has ruled that a deed of inheritance adjudication is registrable even if the deceased's only daughter was disinherited in the will (Art. 853.2 Civil Code). Although the Registrar had suspended the registration, demanding the involvement of the disinherited daughter's descendants, the ruling establishes that if the disinheritance meets legal requirements, the testator's will is effective and does not require the participation of the disinherited person's descendants in the partition.
For the instituted heirs (in this case, the niece), the ruling confirms the effectiveness of duly motivated disinheritance clauses, allowing the adjudication of assets without needing the intervention or consent of the disinherited person's descendants. For the descendants of disinherited persons, the effectiveness of the disinheritance is subject to compliance with the requirements of individualisation and cause provided for in Articles 848 and 849 of the Civil Code.
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