Do I have to pay inheritance tax in Tenerife?

Most close relatives receive a 99.9% inheritance tax reduction in Tenerife. This means spouses, children, parents, siblings and grandchildren usually pay almost no tax.

Do I need to travel to Tenerife to complete an inheritance?

No. Most heirs sign a Power of Attorney and the entire process can be completed without travelling to Tenerife.

How long does Tenerife inheritance take?

Most Tenerife inheritance cases take between 1 and 3 months if the death occurred in Spain, or 3 to 6 months if it occurred abroad.

Can I sell an inherited property in Tenerife?

Yes, but only after the inheritance deed has been signed and the property is registered in the heirs' names. All heirs must agree to the sale.

What documents do I need for a Tenerife inheritance?

You need a death certificate, Certificate of Last Wills, the will (if any), passports, NIE numbers, property deeds, and bank information where applicable.

Who Inherits What in Tenerife? Understanding Spanish Forced Heirship (Simple Guide)

When someone passes away with property or assets in Tenerife, Spanish inheritance rules apply. One of the most important concepts to understand is “forced heirship” — a system that protects certain family members by guaranteeing them a share of the estate. This guide explains how it works in Tenerife in clear, simple terms.

What Is Forced Heirship in Spain?

Spain divides an estate into three parts. These rules apply to Tenerife just as they do to mainland Spain. The goal is to protect children and direct family members from being excluded from an inheritance.

1. The Legitima (Mandatory Share) – Reserved for children or direct descendants.
2. The Mejora (Improvement Share) – Can be given to one or more descendants.
3. The Libre Disposición (Free Disposal) – You may leave this portion to anyone you choose.

If there are no children, the spouse, parents or other relatives may step into these rights depending on the family situation.

Can Foreigners Avoid Forced Heirship Rules?

Yes — but only if you plan ahead. Under EU Regulation 650/2012, expats living in Tenerife or owning property here can choose the inheritance law of their nationality. This must be stated clearly in a Spanish will. Without this clause, Spanish forced heirship applies automatically.

Example

A British resident with a Tenerife apartment can write a Spanish will saying: “I choose the law of England and Wales to govern my inheritance.” This allows complete freedom when distributing assets.

Who Inherits If There Is No Will?

If no will exists, Spanish intestacy rules apply. In Tenerife, the order is simple:

Children and grandchildren
Parents (if no descendants)
Spouse
Siblings and extended relatives

If no relatives are found, the estate eventually passes to the Spanish State. This is rare, but it highlights the value of proper planning.

Does Forced Heirship Apply to All Your Assets?

Forced heirship applies only to assets that fall under Spanish law. Tenerife property always falls under Spanish jurisdiction. Bank accounts and movable assets may follow different rules depending on nationality and tax residency.

Forced Heirship and Tenerife Property Sales

When multiple heirs inherit a property, everyone must agree before it can be sold. This can cause complications if siblings live abroad or have different wishes. A notary may require additional documents before allowing the sale to proceed.

Need Help Understanding Who Inherits What?

If you’re dealing with an inheritance in Tenerife or trying to plan ahead, getting clear guidance early prevents mistakes and family disputes. And if you’ve inherited a property and are considering selling, it’s useful to know your options from the start.