Inheritance Disputes in Mallorca – What Foreign Heirs Need to Know

Mallorca’s real estate and lifestyle appeal have made it a top destination for foreign retirees and second-home owners. When a foreign or Spanish resident passes away, inheritance conflicts can arise — especially when property or bank accounts in Mallorca are involved. If you’re a foreign heir facing complications with a will, division of assets, or other beneficiaries, you may need to pursue inheritance litigation in Mallorca.


⚖️ 1. Why Inheritance Disputes Are Common in Mallorca

Foreign heirs often face:

  • Conflicting Spanish and foreign wills

  • Exclusion from inheritance

  • Disputes between siblings or co-heirs

  • Concerns about undue influence or elder manipulation

  • Delays or obstruction from the executor or local heirs

📌 These cases are common in Mallorca due to international families, high-value properties, and complex estate planning.


📜 2. Which Inheritance Law Applies?

According to EU Regulation 650/2012:

  • If the deceased lived in Mallorca, Spanish law applies by default

  • If the deceased chose their home country’s law in their will, that applies

⚠️ Under Spanish law, forced heirship rules limit how much can be left freely:

  • 2/3 of the estate must go to children

  • A surviving spouse typically receives usufruct (lifetime use)

  • Wills that ignore this can be challenged in court


🏛️ 3. Going to Court in Mallorca

Common legal procedures:

  • Judicial division of inheritance (división judicial de la herencia)

  • Contesting the validity of a will (fraud, undue pressure, etc.)

  • Requesting asset freezes or injunctions

  • Appointing a court accountant (contador partidor) to divide assets

🧾 All cases are filed in the Juzgados de Primera Instancia de Palma de Mallorca.


🌍 4. Do You Need to Travel to Mallorca?

No. You can pursue the case from abroad by:

  • Appointing a local inheritance litigation lawyer

  • Granting power of attorney (POA)

  • Providing documents (will, death certificate, NIE, etc.)

  • Working through email, video, and translated filings

✅ Most foreign heirs resolve inheritance conflicts remotely.


🧾 5. What You’ll Need to Start

  • Will (Spanish and/or foreign)

  • Death certificate

  • NIE (foreigner tax ID in Spain)

  • Property deeds, bank records, account info

  • Your passport and POA

  • Communication with other heirs (if applicable)

📌 Legal translations may be required if original documents aren’t in Spanish.


👨‍💼 How Borderless Lawyers Can Help

We assist foreign heirs by:

  • Connecting you with Mallorca-based inheritance litigators

  • Reviewing wills under Spanish and international law

  • Managing all court filings, translations, and deadlines

  • Advising on potential settlements or contested hearings

  • Communicating clearly in your native language


📩 Conclusion & CTA

If you’ve been excluded from an estate, face conflicts with other heirs, or believe a Mallorca will was unfair, you have legal options — and you don’t have to be in Spain to act.

👉 Need help with an inheritance dispute in Mallorca?
Borderless Lawyers will connect you with an expert litigation team to defend your rights in the Spanish courts.

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