Interpellatio in Iure in Catalonia
The interpellatio in iure in Catalunya and in the rest of the country (also called interrogatio in iure), raises one of the most tense situations in succession law: What happens when an heir remains silent and does not express acceptance or renunciation of an inheritance?
That silence which can be harmless or strategic may have specific legal consequences. Today we answer questions about the interpellatio in iure in inheritances such as:
- Can an heir be forced to make a statement and unlock an inheritance?
- Is there a deadline to express oneself?
- What happens if no statement is made?
What is the Interpellatio in Iure?
The interpellatio in iure, also known as interrogatio in iure, is a procedure in inheritances with a will or in declaration of heirs intended to oblige an heir to decide on their succession, either accepting or renouncing it.
It is used on occasions when the inheritance deed is blocked due to inactivity of one of the heirs, being of interest to the other co-heirs (and even possible creditors) to resolve this situation in order to obtain the assets of the deceased.
Therefore, the requerimiento in iure is the notarial procedure that allows unlocking an inheritance in which an heir is not taking any action and does not state whether they accept or renounce the affected inheritance. Thus, through this notarial notification procedure, a deadline is set during which the required heir must state whether they accept the inheritance within the legal period, and this allows the inheritance process to continue, whether or not the heir acts.
The Interrogatio in Iure in Catalonia
What differences exist between the Spanish and Catalan regulations?
This procedure, which was initially judicial, was reformed through the Catalan Law 3/2017 of 15 February in Catalunya and the Law 15/2015 of Voluntary Jurisdiction in Spain.
With this reform, the interrogatio in iure in Catalunya and in Spain is carried out before a Notary, which brings benefits in terms of simplifying the process, reducing costs and providing greater speed.
The first difference lies in the deadline following the notarial summons to the heir, being 30 calendar days in Spain, while in Catalunya two months are granted for the heir to properly consider and inform themselves about what their inheritance entails.
Regarding the second difference, it is found in the consideration of the heir's silence once the deadline granted by this procedure has ended. If the heir does not express themselves, Catalan legislation considers that they renounce the inheritance, unlike other legislations.
| Aspect | State legislation | Catalan legislation |
|---|---|---|
| Competent body | Notary | Notary |
| Response deadline | 30 calendar days | 2 months |
| Effect of silence | Tacit acceptance | Automatic renunciation |
In which article is the interrogatio in iure regulated in the Civil Code of Catalonia?
The interpellatio in iure is regulated in the Civil Code of Catalonia, in its article 461-12 of the Sixth book.
Article 461-12. Summons and interpellation to the heir.
1. The right of the heir to accept or renounce the inheritance is not subject to a deadline.
2. The persons interested in the succession, including the creditors of the inheritance or of the heir, may request the notary, once one month has elapsed from the summons, to personally require the heir so that, within two months, they declare whether they accept or renounce the inheritance, with the express warning that, if they do not accept it, it is understood that they renounce it.
3. The personal requirement to the heir must be made at least twice on different days. If this requirement proves unsuccessful, the notary must make the requirement by registered mail and, if it cannot be notified, it must be done by edicts published in the two newspapers with the highest circulation.
4. Once the two-month period has elapsed without the heir having accepted the inheritance in a public deed, it is understood that they renounce it, unless they are a minor or a person with judicially modified capacity, in which case it is understood that they accept it under benefit of inventory.
The Interrogatio in Notarial Law
The procedure of the interrogatio in Iure notarial in Barcelona takes place as follows:
- The interested parties get in touch with our notary office in Barcelona to start the procedure so that the heir can decide about their inheritance. The process must be started one month after the call to inheritance (time of the death of the deceased). The interested parties wishing to start the interrogatio in iure procedure in Catalonia, must prove their right to inherit or their legitimisation as creditor.
- The Notary reliably informs the heir that they have two months to decide about their inheritance. The options the heir can consider are the following:
- Accept the inheritance outright with a will
- Accept it with benefit of inventory
- Renounce the inheritance
Learn more about what these options mean in this article:
- Finally, the relevant deeds must be drawn up according to your choice. If you do not choose or do not express yourself, your silence is understood as renunciation of the inheritance. Therefore, the lack of action by the required heir means in Catalonia that the other co-heirs can divide the inheritance without counting on him.
Remember that, as we have seen in the Civil Code, if the heir subject to the interrogatio in iure notarialis is a minor or their capacity is judicially noted, their silence is understood as acceptance of the inheritance under benefit of inventory.
Frequently asked questions in our notary office for the interrogatio in iure in Barcelona
People interested in the succession. These may be other heirs and even possible creditors of the deceased or of the heirs.
It can only be requested once a month has passed since the heir is called to the inheritance. With the interrogatio in iure in Catalunya, this happens one month after the death of the deceased.
The minimum period to apply for it is one month after the call to inheritance (death of the deceased), while the maximum period for the heir to respond is 2 months.
Contact a Notary for an Interrogatio in Iure in Catalonia
If you are a co-heir or creditor, do not hesitate to contact us to start this procedure and receive your inheritance as soon as possible. We are located on Avenida Diagonal in Barcelona, near Passeig de Gracia, and we specialise in succession procedures, so we will advise you throughout the entire process. Contact us via WhatsApp, telephone or the contact form on our website to learn more.
