Consultation on Inheritances in Spain

"My mother has passed away and my sister has debts. I would like to know if my sister repudiates/renounces to the inheritance, can her creditors intervene in any way in it?"


If finally your sister decides to renounce to the inheritance, according to the Spanish Civil Code she must do so before a notary, which would produce the effects that the renouncing party (your sister) will not have access to the possession of the assets and rights of the inheritance at any time. The fact that your sister renounces to the inheritance of your mother does not prevent her creditors from asking the Judge to authorize them to accept it on her behalf, in accordance with the provisions also of the Civil Code.


In this case, the acceptance will only benefit the creditors as soon as it is enough to cover the amount of their credits. In the event that there is an excess, this will be awarded to the rest of the heirs or persons with sufficient title for it.


Therefore, if the heir, in this case your sister, repudiates the inheritance to try to evade her creditors and, therefore, to their detriment, they may ask the judge to authorize them to accept the inheritance in her name and thus to be able to satisfy the debts of which the repudiating heir is a debtor.

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