Special rules for statutory succession
For the island Menorca The provisions of common law apply to statutory succession.
On the island Mallorca The provisions of common law also apply. However, there are separate regulations for the rights of the surviving spouse. If there are descendants, they do not become heirs, but rather forced heirs with a right of usufruct to half of the deceased's estate. If the deceased's parents are also involved, this right of usufruct extends to two-thirds of the estate. Otherwise, the right of usufruct applies to the entire estate.
On the islands Ibiza and Formentera The following rules apply: The surviving spouse becomes the legal heir if there are neither descendants nor ascendants. If there are descendants, the surviving spouse also receives a right of use to half of the estate, and to two-thirds of the estate if there are ascendants.
Special rules for testamentary succession
In the Balearic Islands, inheritance contracts are permitted. However, joint wills between spouses remain invalid. On the islands of Mallorca and Menorca, the appointment of an heir is a condition for the validity of a will. Wills without an heir are invalid. This does not apply to the islands of Ibiza and Formentera.
Special rules regarding compulsory share law
The general laws of Spain apply. You can find the article on inheritance law in Spain here. However, there are also some special rules, which are explained in the article. Decree compiling the civil law of the Balearic Islands (CBD) are listed. On Mallorca and Menorca, living children of the deceased exclude the remaining descendants and ascendants of the deceased. These latter have no right of forced inheritance. The surviving spouse has a right of usufruct to half of the estate alongside descendants and to two-thirds alongside the parents.
On Ibiza and Formentera, the general rule is that forced heirs have a right to a share of the estate. However, the appointed heirs can pay the forced heirs out in cash. Furthermore, the spouse does not have a right to a forced inheritance. For further questions, please contact Dr. Michael Gottschalk, your specialist lawyer for inheritance law in Düsseldorf and Krefeld.