Inheritance Lawyer
in the Canary Islands
English-speaking lawyers specialising in Spanish probate, wills and inheritance tax for expats. Direct heirs pay virtually no inheritance tax in the Canary Islands — we ensure you benefit.
99.9%
IHT relief (Groups I, II and III)
4.8★
225 verified reviews
10+
Years experience
The Canary Islands Inheritance Tax Advantage
Spain's inheritance tax (ISD) is managed regionally. The Canary Islands grants a 99.9% bonification to direct heirs — spouse, children, grandchildren and parents — and also to siblings, nieces, nephews, uncles and aunts (Groups I, II and III) on their ISD liability.
In practice, a spouse inheriting a property worth €500,000 pays virtually zero inheritance tax in the Canary Islands, compared with a state tax scale that rises to 34% where no regional relief applies. For non-resident heirs, we handle NIE applications, IRNR tax filings and the full Property Registry transfer.
- Spanish will drafted in English
- NIE for non-resident heirs
- ISD tax return within 6-month deadline
- Property Registry transfer
- EU cross-border succession advice
ISD comparison — direct heirs
Our Inheritance Law Services
Spanish Wills (Testamento)
We draft Spanish notarial wills in accordance with EU Succession Regulation 650/2012. Available in English. Signed before a Spanish Notaría.
Probate & Estate Administration
Full probate process: declaration of heirs, inventory, partition deed (cuaderno particional) and Property Registry transfer.
EU Succession Regulation 650/2012
Elect your nationality law to govern your entire EU estate. We advise on the optimal cross-border strategy for each situation.
Inheritance Tax Planning
Spouses, descendants and ascendants, and also siblings, nieces, nephews, uncles and aunts (Groups I, II and III) benefit from a 99.9% ISD bonification in the Canary Islands. We ensure you file correctly and claim every exemption.
Contested Wills & Disputes
Representation in will disputes, forced share (legítima) claims, executor challenges and creditor claims against the estate.
NIE & Property Transfer for Heirs
Non-resident heirs need a Spanish NIE to accept inheritance. We handle NIE applications, IRNR tax filings and full title transfer.
How Spanish Probate Works
Death certificate & last will
Obtain the death certificate and check the Spanish will registry (Registro de Actos de Última Voluntad).
Declaration of heirs
If no will: notarial declaration of intestate heirs (acta de declaración de herederos abintestato).
Inventory & partition deed
All assets and liabilities inventoried. Partition deed (cuaderno particional) signed at a Notaría.
Tax filing & registry
ISD tax return filed within 6 months of death. Property title transferred in the Property Registry.
Frequently Asked Questions
How much inheritance tax do I pay in the Canary Islands?
Spouses, children, grandchildren and parents (Groups I and II) and also siblings, nieces, nephews, uncles and aunts (Group III) benefit from a 99.9% bonification on ISD (Impuesto sobre Sucesiones y Donaciones) on inheritances in the Canary Islands (art. 24 ter of Decreto Legislativo 1/2009). In practice, they pay virtually no inheritance tax, although the tax return must still be filed. Cousins, more distant relatives and unrelated heirs (Group IV) do not get this bonification.
Do I need a Spanish will if I own property in the Canary Islands?
You do not legally need one, but it is strongly recommended. Without a Spanish will, Spanish courts apply EU Succession Regulation 650/2012, which can cause delays and disputes. A Spanish notarial will ensures your wishes are clear and enforceable.
Can I choose which country's law governs my Spanish estate?
Yes. Under EU Succession Regulation 650/2012, you can elect the law of your country of nationality to govern your entire estate across EU member states. This election must be made in a will. We advise on the implications for each nationality.
How long does probate take in Spain?
Straightforward probates with a Spanish will typically take 3–6 months from death to Property Registry transfer. Without a will, or with heirs in multiple countries, the process can take 9–18 months.
What documents does a non-resident heir need?
Original death certificate (apostilled), proof of kinship (birth/marriage certificates, apostilled and translated), Spanish NIE, certificate of last will from the Spanish Ministry of Justice, and the will or, if there is no will, a notarial declaration of intestate heirs (acta de declaración de herederos abintestato). We assist with all of these.
What happens if someone dies in the Canary Islands without a will?
If the deceased was habitually resident in Spain, Spanish intestate succession law applies (EU Succession Regulation 650/2012, art. 21). A notary issues the declaration of heirs (acta de declaración de herederos abintestato). The order is: children/descendants, parents/ascendants, spouse, collateral relatives. The process is significantly slower and more expensive than with a will.
Get inheritance law advice in English
Your first consultation fee is deducted from our fees if you instruct us. ISD must be filed within 6 months of death — act promptly.