Where heirs get caught out
Families often discover years later that a parent's Menorca house was never formally inherited. By then tax surcharges apply, documents are harder to obtain and, if a second death has occurred, two inheritances must be processed before the house can be sold.
The process for heirs
| Step | What it involves |
|---|---|
| Documents | Death certificate, Spanish certificate of last wills, foreign will or grant of probate, apostilles, translations |
| Applicable law | Analysis under the EU Succession Regulation |
| NIEs and powers | NIE for each heir, powers of attorney |
| Acceptance deed | Acceptance and allocation before a notary |
| Taxes | Balearic inheritance tax and municipal plusvalía |
| Registration | Title registered to the heirs |
Foreign wills and applicable law
As a rule, the law of the deceased's habitual residence governs the estate unless they chose the law of their nationality. A British owner living in England, for example, may have the estate governed by English law, while the Menorca house is transferred through a Spanish notary. We check which law applies and which documents the notary will accept, such as a grant of probate or a European Certificate of Succession.
Balearic inheritance tax
Balearic rules include significant reductions for spouses, children and close relatives. We calculate the tax before filing and request an extension where needed.
Selling the inherited home
The acceptance must come first, but it can be signed together with the sale. We also handle the capital gain and the 3% retention for non-resident sellers. See selling property in Menorca.
Wills for owners
A Spanish will for your Spanish assets, coordinated with your will at home, makes the process much quicker for your family. See also NIE and power of attorney. Menorca.law is part of Castell.law.
An illustrative example
Based on situations we commonly see; not a specific client. Three siblings living in England, Scotland and Germany inherited their parents' villa near Es Mercadal. Their father's inheritance had never been processed in Spain before their mother died. We handled both inheritances with powers of attorney, calculated the tax with the applicable reductions and coordinated the acceptance with the sale of the villa.
Before you sign or pay, ask a lawyer
Send us the document, the listing or a short summary of the problem. A lawyer will tell you what matters, what it could cost you and what to do next.
Questions about inheriting property in Menorca
Do we need to travel to Menorca to inherit?
No. With powers of attorney signed in your country we can do everything.
Is an English will valid for a house in Menorca?
It can be, with the apostille, translation and the documents the notary requires.
What is the deadline for inheritance tax?
Generally six months from death, with a possible extension if requested in time.
What if the previous owner's inheritance was never processed?
Both inheritances must be completed, usually in sequence; we handle them together.