BOE-A-2026-4906 ·2 March 2026 ·Resolution Low impact
Tax

Inheritance division: judicial approval and a judicial defender required if a conflict of interest exists between curator and ward

The Directorate General for Legal Certainty and Public Faith has analysed a registrar's refusal to register a deed of inheritance division in which one of the heirs is under curatorship. The ruling emphasises that, where a conflict of interest exists between the curator and the protected person regarding the division of assets, the appointment of a judicial defender is mandatory (Art. 251.2 and 283 of the Civil Code) and the necessary judicial approval of the document must be obtained (Art. 289 of the Civil Code).

In 2 key points

  1. The appointment of a judicial defender is necessary in the event of a conflict of interest between the curator and the ward (Art. 251.2 and 283 CC) (art. 251.2 y 283 del Código Civil)
  2. Judicial approval of the inheritance division document is required (Art. 289 CC) (art. 289 del Código Civil)

How it affects those involved

For heirs of persons with modified legal capacity, the division of an inheritance cannot be carried out solely through the curator's intervention if the allocation of assets creates a conflict of interest with the protected person (Art. 283 CC). In such cases, the absence of judicial approval or a judicial defender prevents the registration of the deed, forcing the interested parties to initiate judicial proceedings to ensure the protection of the ward.

Lifecycle

2026-03-02PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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