Key data
| Regulation | Resolution of May 7, 2026, DGSJFP — appeal against negative qualification of the Property Registry of El Puerto de Santa María no. 1 |
|---|---|
| BOE Publication | August 6, 2026 |
| Entry into force | Not specified |
| Key article | Art. 857 of the Civil Code |
| Affected parties | Heirs, notaries and registrars in inheritances with disinherited children or grandchildren |
| Category | Real Estate / Succession Law |
| Organization | General Directorate of Legal Security and Public Faith (DGSJFP) |
An inheritance deed can be blocked at the Property Registry over a detail that many notaries and heirs overlook: not declaring whether disinherited grandchildren have children of their own. The Resolution of May 7, 2026 from the General Directorate of Legal Security and Public Faith (DGSJFP) confirms that this requirement is valid and that the registrar acted correctly in suspending registration.
The specific case: the deceased disinherited three children and the children of these (grandchildren), naming a fourth daughter as sole heiress. She voluntarily acknowledged the strict legitimate share to her disinherited siblings. The registrar of the Property Registry of El Puerto de Santa María no. 1 suspended registration because there was no record of whether the disinherited grandchildren had descendants of their own, nor the consent of these to the acknowledgment of the legitimate share to their parents.
What does this regulation establish?
Art. 857 of the Civil Code establishes that the children or descendants of the disinherited person take their place and retain the rights of forced heirs with respect to the legitimate share. This means that, although a child is disinherited, their own children (grandchildren of the deceased) may have the right to claim the legitimate share that would have corresponded to their father.
The question that this resolution addresses is: what happens when the grandchildren are also disinherited? Can the children of those grandchildren (great-grandchildren of the deceased) in turn claim the legitimate share?
The appellant argued that, upon acknowledgment of the legitimate share to the disinherited parents (the three children), their own descendants (the disinherited grandchildren) would not hold any right. However, the DGSJFP analyzes the scope of art. 857 CC and the consolidated registry doctrine, and concludes that legal certainty requires proving the non-existence of descendants of the disinherited grandchildren, or obtaining their consent, before proceeding with registration.
| Element | Situation in the case |
|---|---|
| Disinherited children | Three children of the deceased, expressly disinherited in the will |
| Disinherited grandchildren | Children of the three disinherited children, also expressly disinherited |
| Sole heiress | A fourth daughter, named universal heiress |
| Legitimate share acknowledged | The heiress voluntarily acknowledged the strict legitimate share to her disinherited siblings |
| Reason for suspension | There was no record of whether the disinherited grandchildren have their own descendants |
| Legal basis | Art. 857 Civil Code and prior DGSJFP doctrine |
Economic and operational impact
The most immediate impact is operational: an inheritance deed that does not include this declaration will be suspended at the Registry, which blocks any transfer, sale or mortgage of the inherited real estate until the defect is remedied.
This implies real and concrete costs for the heirs:
- Need to execute a supplementary deed before a notary to remedy the omission, with the corresponding notarial fee.
- Delay in registry registration, which may affect sales or financing operations already underway.
- If it is not possible to locate the descendants of the disinherited grandchildren, it may be necessary to resort to a judicial proceeding to prove their non-existence or to obtain their consent.
- Additional attorney and notary fees to manage the remedy.
The resolution reinforces existing registry doctrine: the Registry will not register an inheritance with disinherited persons if the complete chain of possible heirs affected by art. 857 CC is not proven.
Who does it affect?
- Heirs in wills where children and/or grandchildren have been disinherited.
- Notaries who authorize inheritance deeds with disinheritance clauses: they must expressly warn of this requirement and include it in the deed.
- Property Registrars: confirms that their negative qualification in these cases is correct and in accordance with law.
- Attorneys and advisors in succession law who manage inheritances with complex family structures.
- Families with already executed wills that include disinheritances, especially if the disinherited have their own children.
Practical example
The real case of this resolution perfectly illustrates the problem:
A married couple dies leaving a will in which they disinherit three of their four children and also the children of those three children (grandchildren). They name the fourth daughter as sole heiress. She, to avoid conflicts, voluntarily acknowledges the strict legitimate share to her three disinherited siblings.
The heiress presents the deed at the Property Registry of El Puerto de Santa María no. 1. The registrar suspends registration because the deed does not declare whether the disinherited grandchildren have their own children. If they did, those children (great-grandchildren of the deceased) could claim the legitimate share that would have corresponded to their parents (the disinherited grandchildren), under art. 857 CC.
The heiress appeals arguing that, upon acknowledging the legitimate share to the disinherited parents, the grandchildren have no further right. The DGSJFP dismisses the appeal and confirms the registrar's qualification: it is necessary to prove whether the disinherited grandchildren have descendants, or obtain their consent, to ensure the legal certainty of the registration.
What should heirs do now?
- Review the will: if it includes disinheritance of children and/or grandchildren, identify whether those disinherited have their own descendants.
- Include the declaration in the inheritance deed: the notary must expressly record whether the disinherited grandchildren have or do not have descendants, or obtain the consent of these to the distribution.
- If the deed has already been executed without that declaration: contact the notary to execute a supplementary remedial deed before presenting it to the Registry, or remedy the defect if it has already been negatively qualified.
- If it is not possible to locate the descendants of the disinherited: consult with an attorney specializing in succession law on the most appropriate course of action (notarial deed of notoriety, judicial proceeding, etc.).
- For future wills: if you plan to disinherit children or grandchildren, include in the will itself or in the inheritance deed a declaration about the descent of the disinherited, to avoid subsequent registry blockages.
Frequently asked questions
Why does the Registry suspend an inheritance if there are disinherited children?
Because art. 857 of the Civil Code establishes that the children or descendants of the disinherited person retain the rights of forced heirs with respect to the legitimate share. If there is no record of whether the disinherited have their own descendants, the Registry cannot guarantee that there are no heirs with pending rights to recognize, and suspends registration until it is clarified.
Is it sufficient for the heiress to acknowledge the legitimate share to the disinherited children to register the inheritance?
No, according to this DGSJFP resolution of May 7, 2026. Although the sole heiress voluntarily acknowledges the strict legitimate share to her disinherited siblings, the Registry additionally requires that it be recorded whether the disinherited grandchildren (children of those siblings) have their own descendants, or their consent to the acknowledgment. Without that declaration, registration is suspended.
What should be done if the inheritance deed has already been executed without declaring the descent of the disinherited?
The defect must be remedied: either by executing a supplementary deed before a notary that includes the declaration about whether the disinherited grandchildren have descendants, or by obtaining the consent of these to the distribution. If it was already presented to the Registry and was negatively qualified, the deadline for remedying will be indicated in the registrar's qualification note.
What happens if the disinherited grandchildren have their own children (great-grandchildren of the deceased)?
Those great-grandchildren could have the right to claim the legitimate share that would have corresponded to their parents (the disinherited grandchildren), under art. 857 CC. That is why the Registry requires that it be proven whether or not they exist, to ensure the legal certainty of registration and prevent third parties with legitimate rights from being excluded without knowing it.
Does this doctrine apply only to the El Puerto de Santa María case or is it of general application?
It is of general application. The DGSJFP bases its resolution on art. 857 of the Civil Code and on prior resolutions of the General Directorate itself, which confirms a consolidated registry doctrine. Any inheritance deed with disinheritances presented before any Property Registry in Spain may be subject to the same negative qualification if it does not include this declaration.
Official source
Consult complete regulation at official source (BOE-A-2026-17143)
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-17143