The Canary Islands are home to thousands of foreign property owners and retirees — and many inherit or co-own homes here. But when legal issues arise after the death of a loved one, or when co-heirs disagree, you may need to take legal action. This guide explains how to handle inheritance and property disputes in the Canary Islands as a foreigner.
📜 1. Common Disputes Involving Foreign Heirs or Owners
Foreigners in the islands frequently deal with:
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📄 Conflicting Spanish and foreign wills
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👨👩👧 Co-ownership disputes among heirs or ex-partners
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🏠 Forced heirship claims under Spanish law
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🔑 Refusal to vacate or sell inherited property
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💸 Missing documentation or unpaid taxes delaying inheritance
📌 These issues often involve villas, holiday homes, or apartments in Tenerife, Gran Canaria, and Lanzarote.
⚖️ 2. What Law Applies to Inheritance in the Canary Islands?
Under EU Succession Regulation 650/2012:
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The default is the law of the deceased’s habitual residence
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But you can opt for your home country’s law in your will
If Spanish law applies:
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Heirs (usually children) are entitled to two-thirds of the estate
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Spouses may receive usufruct rights but not ownership
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A will that violates this may be challenged in Spanish court
🏛️ 3. Courts That Handle Inheritance Disputes
Disputes are heard at the:
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Juzgados de Primera Instancia of the island where the property is located
(Tenerife, Gran Canaria, Lanzarote, etc.)
These courts oversee:
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Judicial division of estates
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Will interpretation or challenge
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Co-ownership disputes and forced sales
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Title transfers and land registry corrections
🌍 4. Can Foreign Heirs Litigate Without Being in Spain?
Yes — most foreign heirs handle their cases remotely:
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✍️ Sign a Power of Attorney (POA) from your country
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📜 Submit scanned wills, deeds, and certificates
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📁 Let your lawyer handle all filings and court appearances
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🧾 Get help with sworn translations and notarizations
✅ You can secure your inheritance rights without traveling to Spain.
👨💼 How Borderless Lawyers Helps Foreign Heirs
We provide:
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⚖️ Expert inheritance litigation lawyers in the Canary Islands
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🌍 Legal support in English, Dutch, French, and German
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✍️ Help drafting and legalizing POAs
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📋 Guidance on will execution, NIEs, and taxes
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💼 Property title registration and forced sale proceedings
📩 Conclusion & CTA
If you’re involved in an inheritance or property conflict in the Canary Islands, don’t delay. Spanish law provides strong protections for heirs — and with the right legal team, you can assert your rights and resolve disputes from abroad.
👉 Need legal support with an inheritance dispute in the Canary Islands?
Contact Borderless Lawyers and we’ll connect you with an experienced local attorney ready to act on your behalf.