LEGAL CONTEXT OF INHERITANCE PRESCRIPTION IN BOLIVIA
The transfer of assets through hereditary succession involves all parties legally called to inherit. These individuals may accept or renounce the inheritance in accordance with Bolivian law. The statute of limitations on the acceptance of an inheritance may be invoked solely by those called to the succession—namely, legal or forced heirs (Articles 1023, 1029, and 1456 of the Bolivian Civil Code). This right does not extend to creditors or third parties who are not heirs; they must pursue alternative legal avenues to safeguard their rights.
SUPREME COURT RULING NO. 315/2022 OF MAY 9
In the case reviewed by the Supreme Court of Justice of Bolivia (Ruling No. 315/2022 of May 9), the appellants claimed that the lower court’s decision was inconsistent and violated substantive and procedural public order rules. The core issue concerned the invocation of the statute of limitations, which, according to the appellants, had been properly raised under Article 125 of the Code of Civil Procedure. They argued that they were unaware the claimants had accepted the inheritance and only asserted the statute of limitations after discovering the simple acceptance through a notarial declaration of heirs.
The Supreme Court established that only legal or forced heirs are authorized to invoke the statute of limitations on the acceptance of inheritance. The transfer of an estate allows all legally entitled heirs to either accept or renounce the inheritance within the timeframe stipulated by law. An heir who has accepted the inheritance may request the enforcement of the statute of limitations against another heir with equal or lesser rights.
In this specific case, the defendants were collateral relatives (paternal uncles) of the plaintiffs and lacked the legal standing to assert the statute of limitations on inheritance acceptance. Bolivian law stipulates that, in the absence of descendants, ascendants, a spouse, or a surviving partner, siblings of the deceased may inherit. Because the defendants failed to prove the absence of descendants eligible to accept the inheritance, they were not entitled to invoke the statute of limitations.
The Supreme Court cited Ruling No. 574/2013 of November 5, along with Articles 1023 and 1029 of the Civil Code, reinforcing that only legal or forced heirs are authorized to invoke the statute of limitations in succession matters.
CONCLUSION
The jurisprudence of the Supreme Court of Justice of Bolivia emphasizes the importance of legal standing in inheritance prescription cases. Only legal or forced heirs are authorized to invoke the statute of limitations on the acceptance of inheritance, ensuring that the transfer of inherited assets proceeds in a fair and orderly manner. Creditors and third parties must rely on other legal mechanisms to protect their interests, as succession-related prescription does not apply to them.
This clear and precise interpretation of the law upholds the rights of heirs and preserves the integrity of the inheritance process in Bolivia.
For legal guidance regarding inheritance rights and statutory deadlines in Bolivia, contact our law firm today. Our team of experts is ready to provide personalized and reliable assistance.
Frequently Asked Questions (FAQs)
Who can invoke the statute of limitations on inheritance in Bolivia?
Only legal or forced heirs—those entitled by law to inherit—may invoke the statute of limitations on accepting an inheritance. Third parties and creditors are not entitled to do so.
Can a creditor claim an inheritance if the heir has not accepted it?
No, creditors cannot claim an inheritance directly through prescription. They must use other legal remedies, such as enforcing debt collection procedures against the heir’s estate once accepted.
What happens if no one accepts the inheritance within the legal timeframe?
If no heirs accept the inheritance within the statutory period, the estate may be declared vacant and revert to the State, depending on the provisions of Bolivian law.
Can collateral relatives, like uncles or cousins, invoke inheritance prescription?
No. Collateral relatives do not have legal standing to invoke the statute of limitations unless they fall within the legally defined group of forced or legal heirs and there are no closer heirs.
Is the notarial declaration of heirs necessary for inheritance prescription?
Yes, a notarial declaration is often used as formal evidence of acceptance, and knowledge of such acceptance is a critical factor in asserting prescription.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
