Inheritances are often a source of family tension, as the loss of a loved one is compounded by the need to make complex decisions about assets and property. Prior disagreements or old conflicts can turn the succession process into a constant source of tension, breaking relationships between siblings and relatives.
“"On many occasions, inheritances are paralyzed because one of the heirs does not want to sign the distribution. In our system, it is only possible to sign an adjudication of the inheritance before a notary if all heirs accept it or if a judge approves it after a judicial procedure."
Faced with an heir's refusal, one of the first avenues is to request the appointment of an asset counter/distributor (comptador partidor d’actiu). This figure is responsible for calculating and distributing the assets, allowing the process to move forward. However, this solution can only be agreed upon if the majority of heirs accept it.
If the asset counter procedure is frustrated by new incidents or if a majority is not achieved, the only viable alternative is to go directly to a judicial procedure. Lawyer Laura Lobo warns that these processes are "quite long and costly" due to the intervention of different professionals, implying added personal and economic strain.
“"The best thing is to know why the heir refuses to sign the distribution of the inheritance, to understand the reasons why they are not doing something that could actually benefit everyone, including themselves."
