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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Inheritance and gifts · Menorca

Delivery of legacies

Updated 17/07/2025

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The delivery of legacies (entrega de legados) is the act by which the wishes of the testator are carried out when specific assets or rights have been left, through a will, to one or more people known as legatees. Unlike an inheritance, which refers to the estate as a whole received by an heir, a legacy (or specific bequest) is a particular asset or right that is given individually.

At the notary's office, the delivery of legacies is formalised to ensure that legatees lawfully receive the assets or rights left to them, and to give the act legal certainty.

What Is the Delivery of Legacies For?

  • Allocating specific assets to particular people in accordance with the testator's wishes
  • Faithfully carrying out the provisions of the will
  • Guaranteeing the legatees' right to receive the assets bequeathed to them
  • Giving the act of delivery legal certainty and formality

What Does the Notary Do in the Delivery of Legacies?

  1. Advises heirs, legatees and executors (albaceas) on the procedure and legal requirements
  2. Drafts and formalises the public deeds (escrituras públicas) needed to deliver the legacies
  3. Authorises the formal delivery of the assets or rights bequeathed
  4. Keeps the related public documents and provides certified copies to the parties concerned
  5. Verifies that the delivery complies with the testator's wishes and current law

Features and Requirements of the Delivery of Legacies

  • The legacy must be expressly set out in a valid will
  • The legacy may consist of movable property, real estate, money or specific rights
  • Legatees may be individuals or legal entities
  • The delivery must respect the forced heirship shares (legítimas) of the compulsory heirs
  • The delivery may take place after the testator's death and the opening of the succession
  • The delivery of legacies is a mandatory act in carrying out the will
  • If the bequeathed assets are not available, a legal claim may be made
  • The executor is usually responsible for carrying out and delivering the legacies
  • The notary guarantees the legality and validity of the act to avoid later disputes

The delivery of legacies formalised by public deed before a notary gives the act full legal validity, ensuring that the testator's wishes are carried out lawfully, securely and effectively.

Other Inheritance and gifts procedures

Will What I need and how it works Declaration of heirs What I need and how it works Acceptance of inheritance What I need and how it works Renunciation of an inheritance What I need and how it works Supplementary inheritance deed What I need and how it works Succession agreement What I need and how it works Last wishes What I need and how it works Gift (donación) What I need and how it works Payment of the forced heirship share (legítima) What I need and how it works Sale of inheritance rights What I need and how it works European Certificate of Succession What I need and how it works

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Family Company Law Property and mortgages Powers of attorney Notarial certificates (actas) Commercial contracts (pólizas) Signature and copy certification Second copies