Practice area
Inheritance lawyer in Tenerife
Full probate and inheritance handling in the Canary Islands for residents, non-residents and foreign heirs. Acceptance and partition of the estate, Canary Islands inheritance and gift tax with its regional reliefs, transfer of title over real estate, and coordination with notaries and authorities abroad when the case is cross-border.
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What the service covers, and who it is for
A Canary Islands inheritance has three overlapping layers: succession law (who inherits, in what shares, with what forced-heirship reservations), tax (the Canary Islands Impuesto de Sucesiones y Donaciones with its regional reliefs) and registration (real transfer of title over property, bank accounts and shares). We handle all three, from initial documentation through to registered transfer of the assets.
Our typical clients are: heirs resident in the Canary Islands inheriting property or accounts from a family member who lived here; foreign heirs — very often British, German, Dutch or Polish — inheriting from a relative who lived in Tenerife or held assets on the islands; and Canary Islands residents inheriting from a family member who died abroad, with assets in the country of origin and possibly here.
EU Regulation 650/2012 governs the law applicable to cross-border successions inside the EU and lets the testator choose the law of their nationality via a professio iuris. We analyse which law applies to your case, whether it is worth making a Spanish will limited to Spanish assets to simplify probate, and how the European Certificate of Succession and the cross-border tax filings fit together.
Why choose this firm
Twelve years handling inheritance matters in the Canary Islands, with deep experience in international successions. Bar registration nº 5427 ICATF, fully in practice, with mandatory professional liability insurance. We accompany the heirs through the entire process, from start to finish.
You deal directly with the lawyer, without hand-offs. We work in Spanish, English and German, which removes intermediate translations when reading the will and the partition deed. When we close the file we return every original document and any unused funds from the provision, with justification.
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Step-by-step process
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Initial documentation
Certified death certificate; certificate of Last Wills (Últimas Voluntades — issued 15 working days after death); certificate of life-insurance policies. This tells us whether a will exists and where.
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Will or declaration of heirs
If there is a will, we request an authorised copy from the notary. If there is no will (intestate succession), we handle a declaration of heirs before a notary for direct-line relatives and spouse, or judicially in other cases.
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Inventory and valuation
We identify the estate: real estate (Land Registry searches and reference values), bank and investment positions at date of death, vehicles, corporate shares, debts and charges. This inventory becomes the taxable base.
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Acceptance and partition deed
Before the notary, the heirs execute the acceptance (outright, simple or under benefit of inventory) and partition deed, allocating each asset to a specific heir. Where the deceased was a foreign national, the European Certificate of Succession is incorporated as needed.
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Inheritance tax filing
Filing of Inheritance and Gift Tax before the Canary Islands Tax Agency within 6 months of death (extendable for a further 6 months if requested within the first 5). Application of the Canary Islands regional reliefs where they apply.
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Transfer of title and registrations
Registration at the Land Registry, transfer of IBI and utilities, closure of accounts and transfer of balances to the heirs, notification to the community of owners. File closes with delivery of originals and any unused funds.
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Common mistakes we prevent
In inheritance work, expensive mistakes tend to surface months later. The recurring ones:
- Letting the 6-month inheritance-tax deadline lapse without asking for the extension — surcharges and interest add up quickly.
- Accepting the estate outright without knowing the deceased's debts: the heir becomes personally liable. Where there is doubt, we accept under benefit of inventory (a beneficio de inventario).
- Not requesting the Last Wills certificate and acting on an old will that a later one has revoked.
- Assuming a will made abroad is directly enforceable in Spain: it needs review and, often, a European Certificate of Succession or an exequatur.
- Informal division between siblings, with no public deed and no registration — the property still shows in the deceased's name and blocks any future sale.
- Selling an inherited home without first registering the acceptance: the sale cannot be executed until title is put into the heir's name.
- Forgetting that non-residents also owe Spanish inheritance tax on assets located here, filed with the Canary Islands Tax Agency where the deceased's connecting factor was in the islands.
04 — Expected costs and what drives them
Expected costs and what drives them
The cost of a Canary Islands inheritance depends on three variables: the total value of the estate, the family relationship between deceased and heir, and whether real estate is involved (which requires a public deed and registration). The Canary Islands apply meaningful regional reliefs for groups I and II (descendants, spouse and ascendants) that in many cases materially reduce the final bill.
- Inheritance and Gift Tax — state tariff adjusted by the Canary Islands regional scale and the reliefs in force at the date of death.
- Notary — official tariff on the value of allocated assets.
- Land Registry — official tariff for each property registered in the heir's name.
- Bank formalities and official certificates — fixed cost per certificate.
- Sworn translations and apostilles — only if the deceased or the heirs are foreign and produce documents from outside Spain.
- Legal fees — fixed written quote before you accept the engagement.
05 — Documents you will need
Documents you will need
With this documentation prepared, the file starts without delays:
- Certified death certificate from the Civil Registry.
- Last Wills (Últimas Voluntades) certificate and life-insurance certificate.
- Authorised copy of the will (or declaration of heirs where there is no will).
- ID/NIE/passport of every heir and of the surviving spouse.
- Property title deeds and up-to-date Land Registry searches.
- Bank certificates of balance and positions at date of death; valuation of securities.
- Council-tax (IBI) receipts, insurance and any outstanding debt or lien.
- Deceased's tax status (last IRPF return, tax office standing).
06 — Realistic timelines
Realistic timelines
A straightforward inheritance with a will and no dispute between heirs typically closes 3 to 4 months from the date of death, comfortably inside the 6-month tax deadline. If there is no will and a declaration of heirs is required, add 4-6 weeks. Cross-border successions (deceased or heirs abroad) commonly extend to 6-9 months due to coordination with foreign notaries and authorities, apostilles, sworn translations and, where applicable, the European Certificate of Succession.
07 — FAQ
Frequently asked questions
I live abroad and my father died in Tenerife owning a property. Where do I start?
How much inheritance tax is payable in the Canary Islands?
What is the European Certificate of Succession, and when do I need it?
My relative left a will made in the UK / Germany / the Netherlands. Is it valid in Spain?
Can I disclaim the inheritance if my father had debts?
Can I sell an inherited property before settling inheritance tax?
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