Inheritance in Spain as a Result of the Death of the Heir

On September 11, 2013, the Spanish Supreme Court issued a ruling that upheld the doctrine on provisions of Article 1006 of the Spanish Civil Code.  This Article provides that the death of the heir without acceptance or rejection of the inheritance causes the right to inherit to pass to his successor. The decision established that this right does not create a new right to inherit (right to accept or reject the inheritance) nor a division of the right to transmission of the inheritance (ius delationis.)

A transmissive effect helps legitimize the power or right to accept or reject the inheritance where the Law determines who is entitled to inherit.

This article is not considered as legal advice

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