Inheritance without legatee signature: when the registrar must register

Key data

A deed of liquidation of marital property and adjudication of inheritance was suspended because the property registrar of Pravia-Belmonte de Miranda required the signature of the aliquot share legatee of the deceased transmitter, treating her as an heir. The General Directorate of Legal Security and Public Faith (DGSJFP) has upheld the appeal and ordered registration, making clear that this criterion has no legal support when the transmissary heirs have waived.

The resolution, published in the BOE on June 15, 2026 with reference BOE-A-2026-12984, consolidates the doctrine of the Supreme Court and the DGSJFP itself on the right of transmission.

What does this regulation establish?

The case revolves around the right of transmission or ius delationis: when an heir called to an inheritance (the "transmitter") dies before accepting or rejecting, that right of option passes to his own heirs (the "transmissaries").

The key to the conflict was this: what happens to the aliquot share legatee of the transmitter when the transmissaries waive the inheritance of the transmitter?

• Position of the registrar: equate the aliquot share legatee with an heir, requiring her intervention in the partition of the first decedent.
• Position of the DGSJFP: when the transmissaries waive the inheritance of the transmitter, the ius delationis does not become integrated into that inheritance. Therefore, the aliquot share legatee is not part of the hereditary community of the first decedent and her signature is not necessary.

The resolution is based on two specific doctrinal pillars:

Consequently, the DGSJFP revokes the registrar's qualification and orders registration without the need for the legatee's intervention.

Economic and operational impact

The suspension of a property registration is not a minor problem. It blocks the effective transfer of real estate, prevents its sale or mortgage, and generates direct and indirect costs for the heirs:

• Additional notarial and registral costs if supplementary deeds must be executed or defects corrected.
• Attorney fees to file an appeal with the DGSJFP.
• Delays in the transfer of real estate assets, with the resulting opportunity cost (inability to sell, rent or mortgage the assets).
• Family conflicts arising from the prolongation of the succession process.

This resolution has a clear operational impact: registrars cannot invoke the lack of intervention of the aliquot share legatee of the transmitter as a defect that suspends registration when the transmissaries have waived. Any qualification in that sense is appealable and, in accordance with this doctrine, will be revoked.

Who does it affect?

• Transmissary heirs who have waived the inheritance of the transmitter and need to register assets of the first decedent.
• Aliquot share legatees of the transmitter, who should know that their legal position does not grant them the right to intervene in the partition of the first decedent in these cases.
• Property registrars, who must adapt their qualification criteria to this consolidated doctrine.
• Notaries who authorize inheritance deeds with transmission rights and waiver of transmissaries.
• Lawyers and advisors in succession law who manage complex inheritances with multiple deceased decedents.
• Families with pending inheritance registrations blocked for this specific reason.

Practical example

Suppose the following succession chain:

1. First decedent (A) dies leaving his son (B) as heir and without the inheritance having been partitioned.
2. B (transmitter) dies before accepting or rejecting the inheritance of A. B has, in turn, two children (C and D, transmissaries) and an aliquot share legatee (L).
3. C and D (transmissaries) waive the inheritance of B.

In this scenario, the registrar required the signature of L to register the assets of A. However, in accordance with the DGSJFP Resolution of March 2, 2026 and the doctrine of the STS of September 11, 2013, since C and D have waived, the ius delationis was not integrated into B's inheritance. Therefore, L is not part of the hereditary community of A and her intervention is not necessary. The deed of adjudication of A's inheritance can be registered without L's signature.

This is exactly the case resolved by the registrar of Pravia-Belmonte de Miranda, whose suspensive qualification was revoked by the DGSJFP.

What should families and advisors do now?

1. Review blocked inheritances: if you have an inheritance deed suspended by the registrar due to lack of intervention by an aliquot share legatee of the transmitter, analyze whether the transmissaries waived. If so, the qualification is appealable.
2. File an appeal with the DGSJFP: the procedure is a governmental appeal against the registral qualification. This resolution is a direct and favorable precedent.
3. Document the waiver of the transmissaries: ensure that the inheritance deed clearly and expressly records the waiver of the transmissaries to the inheritance of the transmitter. This is the key element that activates the doctrine.
4. Inform the authorizing notary: if you are in the execution phase, the notary must draft the deed recording the waiver and the inapplicability of the transmission right to the transmitter's inheritance.
5. Consult the DGSJFP Resolution of January 24, 2024 and the STS of September 11, 2013 as supporting doctrine if the registrar insists on his qualification.

Official source

Consult complete regulation in official source

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-2026-12984