Understanding Succession Opening and Hereditary Vocation

Opening of Succession and Hereditary Vocation

The Opening of Succession

The succession opens solely upon the death of the deceased. Unlike historical precedents involving criminal convictions, religious profession, or civil death, modern law relies exclusively on the fact of death.

Our legal system recognizes the opening of succession in cases of both proven death and presumed death. The date of opening must correspond to the time the death is understood to have occurred, as established by court declaration. Ultimately, Article 657 states: "The rights to the estate of a person are transmitted from the time of his death" (LS Art 5.1 and 6.1).

Legal Significance and Jurisdiction

The timing of the opening is critical for determining the existence, capacity, and dignity of the heir. Furthermore, the effects of inheritance acceptance are retroactive to the moment of death.

Regarding the location of the opening, the Law of Succession Act of Aragon and the Law on Civil Procedure (January 7, 2000) establish that jurisdiction is determined by the deceased's last place of residence:

• Article 52.4: "Judgments of hereditary issues will be the courts of the place where the deceased had his last address."

The opening of succession may trigger protective measures for the estate, such as sealing the property or conducting an inventory of assets (jewelry, documents, etc.) in cases of intestate succession or probate trials.

Hereditary Vocation Defined

A hereditary vocation is a general call to all potential heirs of the deceased. While sometimes used interchangeably with "delation of the heritage," these terms represent distinct phases in a strict legal sense.

Vocation vs. Delation

• Vocation: A general appeal or "legal expectation" that arises upon the opening of succession. It is not a subjective right but a potentiality.
• Delation: An effective, specific call to a particular person, assuming their capacity to succeed.

We understand that a potential heir's vocation is insufficient to acquire an inheritance; it requires the specific offer of delation, which allows the heir to accept the estate. Thus, while vocation is the implementation of legal effects, delation is the specific grant of the right of succession to a particular heir.