Resolution on inheritance: validity of will when the heir was guardian of the deceased
17 Jun 202686 views
Who is affected:
Heirs who were guardians or curators of the deceased, notaries and property registrars
Summary
The General Directorate resolves whether a will naming the deceased's niece-guardian as heir is valid. Article 753 of the Código Civil regarding dispositions in favor of the guardian is analyzed.
Detailed analysis
PRO
The Dirección General de Seguridad Jurídica y Fe Pública resolves an appeal against the registrar's refusal to register an inheritance adjudication. The registrar required proof that no siblings of the deceased existed or their waiver, as the heir was the testator's guardian. The debate centers on artículo 753 CC: whet…
PRO exclusive content
Implicaciones prácticas, plazos y recomendaciones específicas para tu sector.
Resolución de 11 de marzo de 2026, de la Dirección General de Seguridad Jurídica y Fe Pública, en el recurso interpuesto contra la negativa de la registradora de la propiedad de Madrid n.º 39 a la inscripción de una adjudicación de herencia.
The contest to fill 55 vacant positions in registers throughout Spain is resolved. The selected registrars are communicated to the Autonomous Communities for th...
Property, Commercial and Personal Property Registrars participating in the contest
The Generalitat de Cataluña resolves competition no. 325 by assigning six vacant property, commercial and personal property registers to specific registrars.
Property, commercial and personal property registrars who participated in the competition
The property registry denies registration of the increase in land area from 1,526 to 2,199 m² due to incompatibility with current urban planning regulations and...
Owners of properties with land area correction proceedings in areas with urban planning under review
The General Directorate resolves an appeal regarding the refusal to register a land subdivision for roads due to the objection of an adjoining owner. The regist...
Property owners processing subdivisions or graphic modifications with objections from adjoining neighbors
The General Directorate confirms that the registrar may suspend the registration of property coordinates when adjoining owners submit well-founded objections re...
Property owners processing georeferencing registration of properties with disagreeing neighboring owners
The General Directorate confirms that only the registered owner or someone with sufficient representation can file the short-term rental information model at th...
Owners and managers of short-term (tourist) accommodations who are not registered title holders
