Practice area 03
Inheritance and succession, contracts, tenancies, claims and owners' communities — with the twist that in the Balearic Islands estates are not governed by the Spanish Civil Code but by the islands' own civil law.
In civil matters more than any other, the outcome turns on what can be proved and on what was signed at the time. A contract drafted carefully avoids the dispute; one drafted in a hurry guarantees it. And once the conflict exists, it is fought with the documents that exist, not the ones it would have been useful to have.
So I work at two separate moments: before, drafting and reviewing what you are about to sign, which is the cheap part; and after, when a claim has to be brought or defended. Bringing me a draft before you sign it is the most profitable consultation you will have.
Many civil matters end better by agreement. Not out of softness, but arithmetic: a long civil action consumes an appreciable share of what is being argued over, in time, costs and wear. I will tell you when to negotiate and when not to — and negotiating does not mean accepting anything.
What this covers
01
Wills, declarations of heirs, acceptance and renunciation, acceptance under benefit of inventory where there are debts, division of the estate, claims to the forced share, and challenges to wills. Including estates with assets or heirs abroad, which in Mallorca is the norm rather than the exception.
02
The Balearic Islands have their own civil law, with institutions the Spanish Civil Code does not contain and different rules on forced heirship. It applies according to the deceased's legal connection to the territory, not the location of the assets — and it produces results most people do not expect.
03
Residential and commercial leases, renewals and rent increases, claims for unpaid rent, possession proceedings for non-payment or expiry of term, return of deposits, works and service charges. And holiday lettings, which in Mallorca carry their own regime and their own penalties.
04
Drafting and reviewing contracts before signature, debt claims, breach, termination and restitution, deposits and property sales, and the summary procedure for documented debts.
05
Acquisition and transfer of ownership: sale, gift and exchange, with the title and any charges checked before signature rather than after. Adverse possession (usucapión), where long and peaceful possession has gained what the paperwork does not record. And the actions that defend ownership and possession against anyone disputing them. Acquisition by inheritance has its own section, above.
06
Challenges to general-meeting resolutions, levies, works and liability for damage.
07
Non-contentious proceedings (jurisdicción voluntaria) and the protection of those who cannot decide for themselves. Support measures for people with disabilities: curatorship, assistive or representative, which since Act 8/2021 has taken the place of the former judicial incapacitation and of guardianship for adults. Guardianship of minors, court-appointed representatives and de facto carers. And judicial authorisation to sell assets belonging to a minor or to a person under support measures.
On scope. This practice does not take on every kind of civil matter. If yours falls outside these fields or calls for a different specialism, I will say so at the first consultation and point you to the right person.
This is what most often surprises people who move here — and plenty who were born here. The Balearic Islands retain their own civil law, set out in the Compilació de Dret Civil de les Illes Balears, which on succession departs from the Spanish Civil Code in ways that change who gets what.
Two practical consequences. First, what applies depends on the deceased's legal connection to the territory, not on where the flat or the bank account is — so two people who die on the same street can be governed by different rules. Second, the forced share and the freedom to dispose by will do not work as they do in mainland Spain, and they are not identical in Mallorca, Menorca and Ibiza and Formentera either.
Which is why a will or a division copied from a model written for the Civil Code can produce an outcome nobody intended. For foreign owners there is a further layer: the EU Succession Regulation decides which country's law governs in the first place, and you can influence that in your will. It is worth reviewing here.
FAQ
These answers are general: every case turns on its own documents.
Often not the Spanish Civil Code. The Balearic Islands have their own civil law, set out in the Compilació de Dret Civil de les Illes Balears, with institutions the Civil Code does not contain and different rules on forced heirship. Which applies depends on the deceased's vecindad civil — a legal connection to the territory — not on where the assets are. It is one of the main reasons an inheritance here should be looked at here.
Under the EU Succession Regulation the default is the law of your habitual residence at death, but you can choose the law of your nationality in your will. That choice has real consequences for how much freedom you have to leave your estate as you wish, and for the forced-heirship share your children can claim. It is worth deciding deliberately rather than by default.
Both sides of that are handled. For landlords: claims for unpaid rent and possession proceedings, which can be combined in one action. For tenants: recovery of the deposit, disputes over works and charges passed on, and defending possession claims that are not well founded. In Mallorca there is also the holiday-letting regime, which carries its own penalties.
Yes, and sometimes it is the sensible course. Besides accepting or renouncing, there is acceptance under benefit of inventory, which limits your liability to what the estate contains and stops you answering with your own assets. It has deadlines and a required form, so it should be settled before you touch anything: certain acts count as tacit acceptance.