In the realm of Spanish succession law, the figure of absence and presumed death presents particular challenges for professionals. In our daily practice, we encounter situations where uncertainty about a person's whereabouts necessitates the opening of their succession. This process not only affects the absent person's assets but also has profound implications for heirs and legatees. In this article, we break down the key aspects of the declaration of absence and presumed death according to the Civil Code, its effects on succession, and how different regional systems address these issues with notable variations.
Declaration of Absence and Presumed Death: Regulatory Framework
The Spanish Civil Code, in Articles 181 to 198, establishes the regulatory framework for the declaration of absence and presumed death. The declaration of absence begins when a person disappears from their home without any news of their whereabouts for more than a year, after a judicial defender has been appointed to manage their assets. This process can culminate in the declaration of presumed death if ten years pass since the last news of the absent person, or five years if the disappearance is accompanied by a known extreme risk situation.