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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Inheritance and gifts · Menorca

Sale of inheritance rights

Updated 17/07/2025

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A sale of inheritance rights is a legal act by which one or more heirs transfer all or part of their rights in an inheritance to another person in exchange for a price or other consideration. This means that the selling heir assigns their right to share in the estate, and this right passes to the buyer, who will be able to claim and manage that inheritance.

This procedure is formalised at a notary's office to guarantee the lawfulness, transparency and legal certainty of the transfer of these rights, which are not tangible assets in themselves but rights over future and contingent assets.

What is a sale of inheritance rights for?

  • Allowing an heir to cash in their share of an inheritance before it is partitioned or allocated
  • Facilitating the transfer of inheritance rights to interested third parties
  • Avoiding future disputes between heirs or speeding up the succession process
  • Formalising the transfer legally so that it is valid and effective against third parties

What does the notary do in a sale of inheritance rights?

  1. Advises the parties on the nature of inheritance rights and the legal consequences
  2. Drafts and formalises the public deed (escritura pública) of sale of inheritance rights
  3. Verifies the legal capacity of the sellers and buyers
  4. Registers, or facilitates registration, in public registries where applicable
  5. Ensures that the act complies with current legislation and protects the parties

Features and requirements of a sale of inheritance rights

  • The sale must be recorded in a public deed to guarantee its validity
  • Inheritance rights are future and contingent rights, subject to the opening and partition of the estate
  • The parties may be heirs, interested third parties or legal entities
  • The price must be freely agreed between buyer and seller
  • It may include clauses on the future management and partition of the estate
  • The sale does not transfer specific assets, but rights over the future inheritance
  • The buyer takes on the risks and benefits of the inheritance rights acquired
  • It is important to obtain legal advice to avoid disputes or fraud
  • The notary acts as guarantor of the transparency and lawfulness of the act

The public deed of sale of inheritance rights has full legal effect and serves to prove ownership of the rights sold, as well as making it easier for the parties to defend their interests before third parties and the authorities.

Other Inheritance and gifts procedures

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