Inheritance & Property Disputes in the Canary Islands – What Foreigners Should Know

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:

  • 📄 Conflicting Spanish and foreign wills

  • 👨‍👩‍👧 Co-ownership disputes among heirs or ex-partners

  • 🏠 Forced heirship claims under Spanish law

  • 🔑 Refusal to vacate or sell inherited property

  • 💸 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:

  • The default is the law of the deceased’s habitual residence

  • But you can opt for your home country’s law in your will

If Spanish law applies:

  • Heirs (usually children) are entitled to two-thirds of the estate

  • Spouses may receive usufruct rights but not ownership

  • A will that violates this may be challenged in Spanish court


🏛️ 3. Courts That Handle Inheritance Disputes

Disputes are heard at the:

  • Juzgados de Primera Instancia of the island where the property is located
    (Tenerife, Gran Canaria, Lanzarote, etc.)

These courts oversee:

  • Judicial division of estates

  • Will interpretation or challenge

  • Co-ownership disputes and forced sales

  • Title transfers and land registry corrections


🌍 4. Can Foreign Heirs Litigate Without Being in Spain?

Yes — most foreign heirs handle their cases remotely:

  • ✍️ Sign a Power of Attorney (POA) from your country

  • 📜 Submit scanned wills, deeds, and certificates

  • 📁 Let your lawyer handle all filings and court appearances

  • 🧾 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:

  • ⚖️ Expert inheritance litigation lawyers in the Canary Islands

  • 🌍 Legal support in English, Dutch, French, and German

  • ✍️ Help drafting and legalizing POAs

  • 📋 Guidance on will execution, NIEs, and taxes

  • 💼 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.

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