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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Notary services in Menorca

Inheritance and gifts

Book an appointment Available procedures

Available 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 Delivery of legacies 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

Notarial services relating to inheritance and gifts are essential to ensure that assets and rights are transferred lawfully, securely and effectively, whether on death or by a person's wishes during their lifetime.

1. Will

The act by which a person decides how their assets and rights will be distributed after their death.

  • Secure and validit is recorded in the General Registry of Wills (Registro de Últimas Voluntades).
  • Typesopen notarial will (the most common), sealed will and holographic (handwritten) will.
  • Advantagesit prevents disputes and allows you to include personalised provisions.

2. Declaration of Heirs on Intestacy

A notarial procedure that determines who the legal heirs are when there is no will (declaración de herederos abintestato).

  • A death certificate and family documents are required.
  • The notary draws up a notarial record (acta) after taking witness statements and verifying the family relationship.

3. Acceptance of Inheritance

The act by which an heir accepts the assets and debts of the deceased.

  • It may be unconditional or with the benefit of inventory (limiting liability for debts to the value of the estate).
  • It is formalised by public deed (escritura pública).
  • It includes the distribution of the assets and the settlement of taxes.

4. Renunciation of Inheritance

A legal option to refuse an inheritance, usually because of debts or disputes.

  • It is done before a notary.
  • It is irrevocable.
  • The renounced share is distributed among the other heirs according to the law.

5. Supplementary Inheritance Deed

This is processed when assets come to light that were not included in an inheritance already accepted (adición de herencia).

  • It is done by means of an additional deed.
  • It supplements the inheritance without repeating the whole procedure.

6. Succession Agreement

A legal agreement between a person and their future heirs on how the estate will be distributed (pacto sucesorio).

  • Only valid in regions with their own civil law (Galicia, Catalonia, etc.).
  • Types: improvement (mejora), allocation of inheritance (atribución hereditaria), exclusion (apartación).
  • Useful for planning the family estate in advance.

7. Last Wills Certificate

An official certificate showing whether a person made a will and before which notary.

  • It is requested after the death, together with the death certificate.
  • It is required in order to deal with the inheritance.

8. Gift

The free transfer of assets or rights made by one person to another during their lifetime (donación).

  • It requires a public deed if it involves property or other significant assets.
  • It may be made subject to conditions or with a reserved life interest (usufructo).
  • It is subject to Gift Tax.

9. Payment of the Forced Heirship Share

A way of satisfying during one's lifetime, by means of a gift, the compulsory share due to forced heirs (legítima).

  • It must be clearly stated that the gift is to be counted towards the forced heirship share.
  • It is formalised in a public deed.
  • It allows for an earlier and fairer distribution of the estate.

10. Delivery of Legacies

The procedure by which the heirs hand over to a third party an asset bequeathed to them in the will.

  • It may be a specific asset: money, jewellery, property, etc.
  • It requires a public deed.
  • It must not prejudice the forced heirship share of other heirs.

11. Sale of Inheritance Rights

An heir may sell their share of the inheritance (or their right to it) to another person.

  • It requires a public deed.
  • The other heirs have a preferential right to buy it if they wish.
  • It is often used when someone does not wish to take part in the inheritance.

12. European Certificate of Succession (ECS)

An official document that proves a person's status as heir, legatee or administrator in estates with international elements within the EU.

  • Valid in all EU countries except Denmark and Ireland.
  • It contains information on the deceased, the applicable law, the inheritance share and the powers of the heir.
  • It simplifies cross-border succession procedures.

Note: All these acts must be formalised by a notary by means of a public deed, and they usually require specific documentation, payment of taxes and, in some cases, the involvement of lawyers or experts.

Other services

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