Estate Planning · Gibraltar
Find an estate planning lawyer in Gibraltar
Gibraltar is a British Overseas Territory with its own courts, its own legislation and its own legal profession, so an estate plan built elsewhere may not do what you expect. Tell us what you need to arrange, and we introduce you to a Gibraltar practitioner who deals with wills, succession and estates.
- Wills, succession and dependants’ claims under Gibraltar law
- Practitioners regulated by the Legal Services Regulatory Authority
- Free matching, usually answered within 24–48 hours
No obligation and no cost to be introduced. You choose whether to instruct.
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Why this page
Estate planning in a jurisdiction of its own
Planning what happens to your home, savings and family after your death raises questions that sit across several areas of law at once. Wills, intestacy, trusts, dependants’ claims and the administration of an estate each follow their own rules, and Gibraltar is not part of the United Kingdom: it has its own Constitution, Parliament, courts and legal profession. An estate planning lawyer in Gibraltar can review your circumstances, explain the options under Gibraltar law and prepare the documents that carry your intentions into effect. Our free matching service introduces you to a practitioner who handles this work regularly, so you begin with a focused conversation rather than a general enquiry.
Local framework
How estate planning works in Gibraltar
Gibraltar applies English common law, the rules of equity and statutes of general application so far as they are not inconsistent with local legislation, and it enacts its own primary legislation through the Gibraltar Parliament. Estate planning therefore follows a recognisable common law shape, applied through Gibraltar’s own statutes, courts and regulators.
Wills and the statutes that govern them
Succession in Gibraltar is governed by the Wills Act 2009 and the Administration of Estates Act 1933. English common law and the rules of equity continue to apply where they are not inconsistent with local legislation, so familiar concepts such as executors, personal representatives and probate survive, but the formalities and the surrounding procedure are Gibraltar’s own.
What happens if you die without a will
If there is no valid will, the estate is distributed under the intestacy rules set out in section 51 of the Administration of Estates Act 1933. Those rules decide who inherits according to a fixed order of family relationships rather than your wishes, which is why a properly drafted will is usually the first matter a practitioner will discuss with you.
Dependants’ claims against an estate
Certain family members and dependants may apply to the court for reasonable financial provision out of an estate under the Inheritance (Provision for Family and Dependants) Act, which is modelled on the English Act of 1975. Such applications must generally be brought within six months from the date on which representation with respect to the estate is first taken out.
Which Gibraltar court deals with estates
The Supreme Court of Gibraltar, established under section 56 of the Constitution, exercises an Ordinary (Chancery) Jurisdiction alongside its Family Jurisdiction and a Court of Protection. It hears civil matters usually through a judge sitting alone. Appeals go to the Gibraltar Court of Appeal and ultimately to the Judicial Committee of the Privy Council in London.
Who may advise and draft in Gibraltar
Gibraltar has barristers and solicitors of the Supreme Court, both represented before the higher courts. Section 29(2) of the Supreme Court Act provides that a person admitted and enrolled as a solicitor ‘shall be at liberty to act also as a barrister’, so many practitioners hold a dual capacity. The Legal Services Act 2017 established the Legal Services Regulatory Authority, the Register of Authorised Persons and the Code of Conduct 2023.
Costs, court fees and legal aid
Professional fees for barristers and solicitors in private practice in Gibraltar are not fixed by statute or by a public tariff; they are agreed between lawyer and client. Court fees are payable in addition, and legal aid under the Legal Aid and Assistance Act (Act 1960-23) is means-tested, with civil legal assistance subject to a merits test.
Key time limits — Inheritance, Probate & Wills
| Matter | Deadline | Context |
|---|---|---|
| Succession: claims to the personal estate of a deceased person | 12 years from the date the right to receive the share or interest accrued | Relevant when a beneficiary’s entitlement to movable estate is disputed or delayed. |
| Inheritance: application for provision out of an estate | 6 months from the date representation with respect to the estate is first taken out | A short window for dependants and family members considering a claim against an estate. |
The country data on this page comes from official Gibraltar sources (gcs.gov.gi, gibraltarlaws.gov.gi and lsra.gi), consulted in 2025.
Common situations
Where estate planning tends to become urgent
These are the moments when clients most often look for a practitioner in Gibraltar.
A will written somewhere else
You made a will years ago in another country and now hold a home or accounts in Gibraltar. Different formalities, different succession rules and a separate jurisdiction mean the document may not do what you assume it does.
No will at all
Without a valid will, the intestacy rules in the Administration of Estates Act 1933 decide who inherits. Partners, stepchildren and other dependants may receive nothing, however long the relationship has lasted.
A family claim after a death
Relatives and dependants who feel inadequately provided for have a limited window in which to apply to the court for reasonable financial provision out of the estate, so timing matters from the outset.
How we help
Matching you with the right Gibraltar practitioner
We do not advise you ourselves. We identify the practitioner whose day-to-day work matches your matter.
A focused introduction
You describe your situation once. We use that to identify a Gibraltar practitioner whose practice covers wills, succession, trusts or dependants’ claims rather than sending you to a general firm.
Regulated professionals only
Practitioners in Gibraltar are enrolled as barristers and solicitors of the Supreme Court and regulated under the Legal Services Act 2017 framework, so you can check that the person advising you is authorised to practise.
Clarity on costs before you commit
Fees for barristers and solicitors in private practice in Gibraltar are not fixed by statute; they are agreed with you. Your first conversation is the moment to ask how the work will be charged.
No cost to be matched
Being introduced costs you nothing and places you under no obligation. You decide whether to instruct after you have spoken with the practitioner.
Other jurisdictions
Estate planning across Europe
Cross-border families often need advice in more than one country. We also match clients in the following European jurisdictions.
Questions and answers
Estate planning in Gibraltar: common questions
Do I need an estate planning lawyer in Gibraltar if I already have a will made abroad?
Gibraltar is a separate jurisdiction with its own legislation and courts, and succession there is governed by the Wills Act 2009 and the Administration of Estates Act 1933. A will prepared in another country may not satisfy local requirements or may not cover Gibraltar assets in the way you intend. A practitioner here can review it against Gibraltar law and advise on next steps.
What happens to my Gibraltar assets if I die without a will?
Where there is no valid will, the estate is distributed under the intestacy rules in section 51 of the Administration of Estates Act 1933. Those rules set a fixed order of inheritance based on family relationships rather than personal wishes, so people who are not within that order may receive nothing regardless of the closeness of the relationship.
How long do dependants have to bring a claim against an estate in Gibraltar?
Certain family members and dependants may apply to the court for reasonable financial provision out of an estate under the Inheritance (Provision for Family and Dependants) Act, which follows the model of the English Act of 1975. Applications must generally be brought within six months from the date representation with respect to the estate is first taken out.
Which court in Gibraltar hears estate and probate disputes?
The Supreme Court of Gibraltar, established under section 56 of the Constitution, exercises an Ordinary (Chancery) Jurisdiction as well as a Family Jurisdiction and a Court of Protection. Civil matters are usually heard by a judge sitting alone, and appeals lie to the Gibraltar Court of Appeal and ultimately to the Judicial Committee of the Privy Council in London.
How are lawyers’ fees for estate planning in Gibraltar set?
Professional fees for barristers and solicitors in private practice in Gibraltar are not fixed by statute or by a public tariff; they are agreed between the lawyer and the client, so you can ask for an estimate at the outset. Court fees are payable in addition, and legal aid under the Legal Aid and Assistance Act is means-tested and subject to a merits test.
Can the same practitioner both advise me and represent me in court?
Very often, yes. Section 29(2) of the Supreme Court Act provides that a person admitted and enrolled as a solicitor of the Supreme Court of Gibraltar shall be at liberty to act also as a barrister, so many practitioners hold a dual capacity. For complex or higher-court advocacy, a specialist barrister may still be instructed.
Next step
Start with a conversation about your estate
Tell us whether you need a will prepared, an existing will reviewed, an estate administered or a dependants’ claim assessed. We will match you with a Gibraltar practitioner who handles that work, and the introduction costs you nothing.