La [IN]seguridad de las rentas vitalicias como herramienta de planificación sucesoria al hilo de la reciente jurisprudencia (SAP Ávila 260/2025, 31 de octubre, SAP Baleares 195/2026, 30 marzo y STS 899/2026, de 26 de febrero)

Abstract

Abstract

This paper analyses the growing legal uncertainty surrounding life annuities and unit-linked products used as estate-planning instruments under Spanish law. The study begins with the Anglo-American concept of will substitutes and its doctrinal reception within the Spanish legal system, as well as with certain issues arising from the interaction of these products with forced heirship rules, succession law and the underlying principles governing inheritance law. Through an analysis of recent case law, particularly SAP Ávila 260/2025 of 31 October, SAP Baleares 195/2026 of 30 March, and STS 899/2026 of 26 February, the paper highlights how the classification of these products as complex financial instruments subject to MiFID regulation and the Consolidated Text of the Spanish Securities Market Act facilitates their challenge on the grounds of error vitiating consent. The article concludes that the apparent effectiveness of these mechanisms as estate-planning tools is currently heavily constrained by precontractual disclosure requirements, the protection of retail investors, and the potential recharacterization of such transactions as gifts subject to forced heirship rules, thereby significantly increasing the risk of post-mortem litigation.