The question that we are going to deal with is based on a real case of a deceased person that gave rise to the R DGSFP of July 28, 2020.

She is a deceased with two Swiss and German nationalities and residence in Spain. He makes a will on October 25, 2016 before a Spanish notary. In it he professio iuris in favor of Swiss law. The two daughters are awarded a property in Spain.

 The law applicable to the succession is the Swiss Law on the merits of the professio iuris carried out. According to Swiss law, the  heirs certificate coupled with the public deed negatively qualified for not accrediting proof of Swiss law. According to the certificate, on March 14, 2019, all the provisions of the last will of the deceased were opened (including possible succession agreements, common in that Law) of which only the children were voluntary heirs as heirs (article 557 of the Civil Code Swiss (see: https://www.admin.ch/opc/fr/classified-compilation/19070042/index.html).

The fundamental document is the “heirs certificate”As this is issued once the succession process has ended and acts as a true certificate of succession. According to Swiss law, voluntary heirs can dispose without consent of the heirs who have a credit right. 

However, the DG denies the appeal to the authorizing notary. The DG says that it and the registrar based on the certificate of heirs must issue a judgment of legality that includes according to the R, of (see R DGSFP, of July 28, 2020)  

“They must analyze that the certificate of heirs is functionally equivalent to a document issued by the Spanish authority, even with adaptation (third additional provision of Law 15/2015). Applicable rule, in preference to article 60 of Law 29/2015, of July 30, on international legal cooperation in civil matters, insofar as it would be functionally equivalent to a declaration of heirs, the closest institution, still limited in Spanish law to ab intestate successions, analyzing compliance with the requirements established therein. These are:

  1. a) that the document has been granted by a competent foreign authority in accordance with the legislation of its State; 
  2. b) the foreign authority has intervened in the preparation of the document, performing functions equivalent to those performed by the Spanish authorities in the matter in question and having the same or closer effects in the country of origin; 
  3. c) that the fact or act contained in the document is valid in accordance with the ordinance designated by the Spanish rules of private international law, and 
  4. d) that the registration of the foreign document is not manifestly incompatible with Spanish public order. 

Contact with the Notary Bosch-Bages of Barcelona to inform you about acceptance of inheritances.