In our daily practice, the action for inheritance claim emerges as a fundamental resource for universal heirs seeking to assert their rights over inherited assets. This procedure is often confused with the reivindicatory action, but it has particular characteristics that warrant detailed analysis. From its active legitimacy to its restitution effects, including its prescription and the current jurisprudential context, this action provides a broad framework for exercising succession rights that, in certain cases, can become a legal battleground.
Active and Passive Legitimacy
The action for inheritance claim, regulated in Articles 1016 and following of the Civil Code, is reserved for universal heirs. These heirs, whether testamentary or ab intestato, possess the active legitimacy to claim all or part of the inheritance that corresponds to them. The passive legitimacy, on the other hand, is directed against those who hold inheritance assets without legitimate title, that is, possessors or third parties who have acquired in bad faith.
A controversial aspect is the legitimacy in intestate inheritances, where the jurisprudence of the Supreme Court clarified, in a ruling from 2025, that any co-heir can exercise the action without the need for consent from the others, as long as it is done for the benefit of all co-heirs. This criterion seeks to facilitate access to justice and protect the rights of heirs against possible fraud or reluctance in the administration of the inheritance.
Restitution Effects: Fruits, Improvements, and Deteriorations
Once the action has been successfully exercised, the restitution effects become particularly relevant. The heir has the right to receive not only the inherited assets but also the fruits obtained since the opening of the succession, in accordance with Article 451 of the Civil Code. However, the treatment of improvements and deteriorations requires a more nuanced analysis.
Improvements made by the good faith possessor may be compensated, as provided in Article 453 of the CC, while deteriorations, when resulting from the possessor's negligence, obligate them to indemnify the heir. These provisions seek to balance the heir's interest with the protection of the possessor who, in certain cases, has acted under the presumption of a legitimate title.
Prescription and Relation to the Reivindicatory Action
The action for inheritance claim differs from the reivindicatory action in several aspects, one of the most crucial being the prescription period. While the reivindicatory action prescribes after thirty years, according to Article 1963 of the CC, the action for inheritance claim is, in principle, imprescriptible, as it is based on the right to the inheritance itself, although some authors suggest it could be subject to specific deadlines in regional law.
This theoretical imprescriptibility has been nuanced by jurisprudence, which in recent rulings from the Supreme Court has indicated that, once the inheritance is accepted, shorter prescription periods could apply for the claim of specific assets. This interpretation seeks to avoid prolonged situations of legal uncertainty, protecting the stability of property relations.
Common Practical and Litigious Aspects
In practice, one of the most common challenges we face when advising on the action for inheritance claim is identifying the inherited assets and proving the legitimate status of the heir. Discrepancies regarding ownership and access to documentation can complicate the process, especially in inheritances with multiple co-heirs or when the assets are in the hands of third parties in good faith.
Additionally, we find that the involvement of asset valuation experts is often essential to resolve disputes over improvements and deteriorations. The accurate calculation of compensations can be a significant point of friction, requiring a technical and negotiative approach that considers the particularities of each case.
- Verify the client's legitimacy as a universal heir.
- Obtain a detailed inventory of the inherited assets.
- Assess the good faith of the current possessors of the assets.
The action for inheritance claim is a powerful tool for protecting the succession rights of universal heirs. However, its success depends on a well-planned strategy and careful consideration of the restitution effects and possible practical complications. In this regard, platforms like LexPartis can facilitate the management of these processes, allowing professionals to focus on the most critical aspects of the case more efficiently.