When someone dies owning property in Tenerife, Spanish inheritance law usually applies.
One of the key concepts to understand is forced heirship.
In simple terms, Spanish law protects certain family members by guaranteeing them part of the estate. So unlike some countries, you can’t always leave everything to whoever you choose.
Here’s the straightforward version of how it works.
What Is Forced Heirship?
Under Spanish law, an estate is divided into three parts.
These rules apply in Tenerife just as they do across the rest of Spain.
The estate is split as follows:
The Legitima (Mandatory Share)
This portion must go to the children or direct descendants.
The Mejora (Improvement Share)
This part can be given to one or more children if you want to favour one of them.
The Free Disposal Portion
The final third can be left to anyone you choose.
If there are no children, other family members such as parents or a spouse may inherit instead depending on the situation.
Can Foreign Owners Avoid These Rules?
Yes… but only if it’s planned properly.
Under an EU regulation known as Brussels IV, foreign property owners can choose the inheritance law of their own nationality.
To do that, it must be clearly stated in a Spanish will.
Without this clause, Spanish forced heirship normally applies automatically.
A Simple Example
Imagine a British owner with an apartment in Tenerife.
In their Spanish will they include a clause stating:
“I choose the law of England and Wales to govern my inheritance.”
That single line allows them to distribute their assets however they wish, rather than following Spanish forced heirship rules.
What Happens If There Is No Will?
If someone dies without a will, Spanish intestacy rules decide who inherits.
The order is fairly simple:
- Children and grandchildren
- Parents (if there are no children)
- The spouse
- Siblings and other relatives
If no relatives can be found, the estate eventually passes to the Spanish State.
It’s rare, but it does happen occasionally.
Does Forced Heirship Apply to All Assets?
Not always.
Spanish inheritance rules normally apply to assets located in Spain, which means Tenerife property almost always falls under Spanish jurisdiction.
Other assets, such as bank accounts held abroad, may follow different rules depending on nationality and tax residency.
When Several Heirs Inherit the Same Property
Forced heirship often means several family members inherit a share of the same property.
And that can create practical problems.
For example, a property usually can’t be sold unless all heirs agree.
If siblings live in different countries or have different ideas about what to do with the property, the process can slow down quite a bit.
Understanding how forced heirship works is an important part of planning property ownership in Spain.
A simple Spanish will and a bit of forward planning usually prevents confusion later… and makes life much easier for the people dealing with things afterwards.
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