Inheritances and the Register: the registrar is not bound by earlier assessments, the DGSJFP recalls

BOE no. 254 of 13 October 2026 published a resolution of 10 June 2026 of the Directorate General for Legal Certainty and Public Faith on the registration of an old inheritance. The Directorate General dismissed the appeal and upheld the registrar's assessment.

The case is of interest to any lawyer who handles inheritances with old titles or is considering appealing an assessment note.

The facts

A partial copy was filed at the Register of a deed of acceptance of inheritance, settlement and allocation of assets executed in 1964, together with a rectification deed of 2025. In the 1964 deed, the widow received the usufruct of a share of a property, and the bare ownership went to the legatees named in the will: "the testator's brothers and sisters", without identifying them by name.

The registrar suspended registration for three defects:

1. A partial copy had been provided, when a full copy must be filed or it must be stated that the omitted part contains no relevant data. She cited Articles 14, 16 and 18 of the Mortgage Law and 33, 34 and 76 onwards of the Mortgage Regulation.
2. The legatees were not identified: it had to be shown who the brothers and sisters were and that they met the requirements to inherit, through a notarial declaration of notoriety or another reliable means. She cited Articles 772 and 773 of the Civil Code and, by analogy, 82 of the Mortgage Regulation.
3. The personal details of the acquirers had to be stated under Article 9 of the Mortgage Law and Article 51 of the Mortgage Regulation.

What the appellant argued

The appellant relied on an earlier note, by another registrar and on another entry, which had considered those circumstances remedied, and argued that a deed adding to the inheritance had completed the title.

The decision and its three lessons

1. The registrar assesses independently

The Directorate General recalls that the registrar is not bound by earlier assessments made by other registrars, and that assessment is exercised with full autonomy and independence and under the personal responsibility of the one who signs it. Relying on an earlier favourable note is not enough to undermine the assessment under appeal.

2. The appeal is confined to the defects in the note

According to the resolution, the subject of the appeal must be confined to the specific defects and legal grounds of the assessment challenged, and the file's sole purpose is to determine whether that assessment complies with the law. Moreover, under Articles 324 and 326 of the Mortgage Law, documents not presented to the registrar before assessing cannot be taken into account.

3. Defects not appealed are confirmed

The appeal only challenged the third defect. The first two were confirmed for not having been contested, and the third, closely related to the second, could not be set aside separately.

What to do in practice

1. File a full copy of the title, or justify that the omitted part contains no relevant data.
2. Identify heirs or legatees designated generically before filing, by the appropriate reliable means.
3. Appeal all the defects you wish to dispute, one by one.
4. Give the Register all the documentation before the assessment: what was not filed cannot be weighed in the appeal.

The resolution states that it may be challenged by a claim before the Civil Court of the provincial capital where the property is located, within two months of notification, through oral proceedings.

Another resolution of the same Directorate General published in the same BOE dealt with the loss of single-member status and register closure. And on registrable titles, the DGSJFP has recently admitted ten-year insurance with electronic signature. More news in Industry news.