Blocked inheritance due to disagreement between siblings. Legal options to unblock the division

Inheritance disputes between siblings can block distribution and damage relationships. Resolving them is only possible through an amicable agreement or by resorting to legal proceedings.

From the death of the deceased to the moment of distribution

The succession of a person’s rights and obligations begins at the very moment of death. However, this does not mean that their heirs can dispose of their assets or take on their debts immediately. This is mainly because the Civil Code grants them the right to choose between these three options:

• Pure and simple acceptance: the heirs take on both the assets and the liabilities of the deceased. This acceptance may be made expressly (by means of a notarial deed) or tacitly (for example, by moving into the deceased’s property).
• Acceptance under benefit of inventory: the recommended option if there is suspicion that the inheritance is subject to debts, as it prevents liability extending to the heir’s personal assets. The decision must be expressly declared in all cases.
• Renunciation of the inheritance: that is, rejecting both the assets and the liabilities in their entirety. This must also be done expressly.

If one of the heirs refuses to sign the inheritance deed, the others can compel them by going to a notary to request a formal notice (interpellatio in iure), after which they will have a period of 30 calendar days to make a decision. If they do not do so, the inheritance will be deemed accepted purely and simply.

This is the moment when the distribution begins and, generally, when problems arise—for example, because some heirs wish to sell the assets while others prefer to retain them.

What happens if the heirs cannot reach an agreement?

In the distribution of an inheritance between siblings where there is a will, problems do not usually arise—at least when the assets to be distributed are sufficient. Bear in mind that, in such cases, only the statutory share must be divided equally among them, as the improvement third may exclude one or more heirs and the free disposal third may be distributed freely.

Generally, the division of an inheritance causes problems when there is no will or when the number of properties is fewer than the number of heirs. When this occurs, the assets pass into a regime of joint ownership, which means that each heir owns an abstract share rather than a specific physical part.

Joint ownership

A clear example: a person dies leaving their home as the sole asset to their four children. Evidently, each will have a 25% share of the property, but this does not mean they can do as they wish with it, as it forms an indivisible whole with the rest.

A property or any other type of real estate under joint ownership cannot be sold in its entirety without the consent of all the heirs. Can an heir sell their 25% share? Yes, but the buyer would be in the same position, so it is unlikely to attract interest. In addition, the other heirs have pre-emption rights over the offer or a right of redemption if they were not notified of the agreement. The latter allows them to step into the buyer’s position by paying the same price. The only remaining alternative in this case is legal action, which we will discuss below.

Out-of-court agreement to unlock a blocked inheritance

Any lawyer, notary or specialist will recommend that, in the event of inheritance disputes between siblings, an out-of-court agreement should be reached. In this regard, there are two main alternatives:

• Family mediation: the opposing parties meet with the aim of reaching an agreement. It is common to appoint a lawyer specialising in inheritance matters to act as mediator and ensure that the rights of all parties are protected through a fair distribution.
• Appointment of a court-appointed partitioner: this person will be responsible for dividing the assets, even without the consent of all the heirs. If the testator did not provide for this, representatives of 50% or more of the estate may request it.

It should be noted that, under Organic Law 1/2025, it is necessary to have attempted to reach an out-of-court agreement before going to court. If this has not been done, the court will not admit the claim.

But what happens if a sibling refuses to divide the inheritance under any circumstances? Judicial division

If all avenues of conciliation are exhausted and no agreement is reached, the only remaining option is to file a claim before the Court of First Instance corresponding to the deceased’s last place of residence. This must be accompanied by the death certificate and the will or certificate of last wishes. It may be brought by one or more co-heirs.

Once the claim is admitted, the court clerk will summon the heirs to draw up an inventory of assets and liabilities. A partitioner will then be appointed (if not designated by the deceased in their will), and valuation experts will be required to assess the assets (real estate, family businesses, jewellery, works of art, etc.).

Once the valuation is complete, the partitioner will make an objective proposal for distribution. If any asset is indivisible, it will be awarded to one of the heirs, who must financially compensate the others, or its sale at auction will be ordered so that the division of the jointly owned asset can be carried out. If any heir objects to or challenges the distribution, the judge will determine the final division.

Financial and tax consequences of legal proceedings

If no agreement is reached in an inheritance and the matter proceeds to court, the co-heirs will have to bear the costs of the legal proceedings (lawyers, court representatives, experts, fees, etc.), and it will take much longer for them to receive their share. In addition, the process usually leads to a serious deterioration in family relationships.

For their part, co-heirs are required to pay inheritance and gift tax within 6 months of the death, even if they do not yet have control of the assets. The same applies to all expenses associated with maintaining the assets (council tax, insurance, service charges, etc.). All this without considering that, if the situation ends in an auction, the value obtained for the assets may be far lower than what could have been achieved on the open market.

At this point, it is clear that if there are inheritance disputes between siblings, it is always preferable to resolve them through an out-of-court agreement. However, if this is not possible, the role of a specialist inheritance lawyer becomes essential.