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Inheritance law in Mallorca

The legal succession in Mallorca is primarily based on national Spanish law. However, there are certain differences. In the absence of descendants, ancestors, spouse, or collateral relatives, various Balearic institutions such as the municipality and the island council have the right to inherit, unlike the Spanish state. Another unique aspect is that the Majorcan Foral Law grants the spouse a compulsory share even in cases of intestate succession. This includes the usufruct of half of the inheritance alongside descendants and two-thirds of the inheritance alongside parents and other ancestors.

Regarding the matrimonial property regime, the Mallorcan Foral Law takes precedence over Spanish common law. It establishes the separation of property, where each spouse retains ownership of their pre-marital assets and any assets acquired during the marriage. As a result, there is no division of the marital community.


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