Gibraltar delivers public healthcare through the Gibraltar Health Authority (GHA), which operates a dedicated Specialist Palliative Care Team alongside community-based hospice support — both largely available without charge at the point of use. Euthanasia and assisted dying are prohibited by law. The territory levies no inheritance tax, and the administration of estates follows a common-law probate framework. Expats are strongly encouraged to draw up a Gibraltar-specific will and to register essential legal documents ahead of time.
| Item | Details |
|---|---|
| Public palliative care | Provided by GHA Specialist Palliative Care Team at St Bernard’s Hospital and in the community — free for GHA-registered patients (as of 2025) |
| Hospice outreach | Cancer Relief Gibraltar’s Hospice Outreach Service (HOS) — free community-based service for life-limiting cancer patients (as of 2025) |
| Inheritance tax | None — Gibraltar has no estate, inheritance, gift or wealth taxes (as of 2026) |
| Probate authority | Supreme Court of Gibraltar / Probate Registry |
| Euthanasia / assisted dying | Illegal in Gibraltar |
| Will requirement | Must be signed by testator in presence of two independent witnesses — governed by the Wills Act 2009 |
| Death registration | Must be registered with the Gibraltar Civil Status and Registration Office promptly after death |
What end of life care options are available in Gibraltar, and how does the system work?
The Gibraltar Health Authority (GHA), established under the Medical (Gibraltar Health Authority) Act 1987, carries responsibility for all healthcare provision across the territory. The GHA delivers primary, secondary, and mental health services under a model closely mirroring that of the National Health Service (NHS) in the United Kingdom. Because of Gibraltar’s geographical position, some tertiary referrals are also directed to NHS facilities or to hospitals in Spain.
End of life care is embedded within this public health structure. Individuals with life-limiting conditions may receive care in their own homes, in community settings, and within hospital. District nurses coordinate the management of housebound patients in the community, working in tandem with physiotherapists, occupational health visitors, palliative care nurses, and hospice nurses to develop personalised care plans designed to reduce unnecessary hospital admissions.
Unlike larger countries where end of life provision can be fragmented across numerous providers, Gibraltar’s modest scale — with a resident population of just over 29,000 — lends itself to a relatively integrated system. The GHA, Cancer Relief Gibraltar, and community nursing teams operate in close collaboration, which simplifies navigation of available services for patients and their families.
What is palliative care in Gibraltar, and who is eligible for it?
Palliative care is a comprehensive, patient-centred approach that focuses on relieving suffering and enhancing the quality of life of individuals with serious, life-limiting illness. It extends its support to family members and caregivers and encompasses care through to the final stages of life. It may commence at any point following a serious diagnosis — not solely in the terminal phase — and can run alongside active treatments such as chemotherapy or radiotherapy.
The GHA Specialist Palliative Care Team is dedicated to providing a high standard of care to patients and families facing life-limiting illness, with the overarching goal of ensuring that every patient in Gibraltar who requires palliative support receives it.
The team is led by Dr Bronwen James, supported by specialist nurses and nurse practitioners. Referrals may come from GPs, hospital consultants, district nurses, or other healthcare professionals. Eligibility is determined by clinical need rather than residency status, although access to GHA-funded services ordinarily requires registration with the GHA. Expats should confirm their registration with the GHA’s Primary Care Centre and clarify their entitlement to publicly funded care directly with the authority.
Are there hospices in Gibraltar, and how do you access them?
Gibraltar does not have a freestanding inpatient hospice facility of the kind found in larger countries, but it does maintain a dedicated palliative care unit within its principal hospital alongside a highly regarded community hospice outreach service. The Mark Dellipiani Palliative Care Unit, now situated on the second floor of St Bernard’s Hospital, was established following an agreement between the Government and Cancer Relief Gibraltar to expand hospice-at-home and palliative care provision for terminally ill cancer patients.
The Hospice Outreach Service (HOS), operated by Cancer Relief Gibraltar, constitutes the territory’s community hospice offering. Recognising that many patients prefer to receive care within their own homes, the HOS team — comprising community hospice nurses and healthcare assistants, and supported by therapists and GHA care teams — maintains regular contact with patients and families both by telephone and in person, delivering specialist nursing support during evenings, overnight, and across weekends as circumstances require.
Cancer Relief Gibraltar’s staff includes specialist nurses, healthcare assistants, physiotherapy and holistic therapists who work collaboratively as a multi-professional team alongside the GHA’s palliative and community care services. The HOS can be accessed concurrently with active treatments such as chemotherapy or radiotherapy and operates alongside both GHA and private healthcare provision.
Cancer Relief Gibraltar’s hospice services are provided free of charge to patients, carers, and loved ones. Referrals can be made by a GP, hospital doctor, district nurse, or other healthcare professional, or patients and families can contact the organisation directly without a referral. Further information is available at cancerrelief.gi.
Is palliative or hospice care covered by public health insurance or the national health system in Gibraltar, or does it need to be funded privately?
For individuals registered with the GHA, palliative care delivered by the GHA Specialist Palliative Care Team falls within the scope of the public health system, consistent with Gibraltar’s broadly NHS-style model. Unlike certain other healthcare frameworks where palliative care demands separate insurance top-ups or substantial co-payments, Gibraltar’s model endeavours to incorporate this support within standard healthcare entitlement.
Cancer Relief Gibraltar’s hospice outreach services are available free of charge to patients, carers, and family members — funded through the charity rather than through direct patient fees. This means that community-based hospice care for those diagnosed with life-limiting cancers need not be financed privately.
Expats who are not registered with the GHA, or who rely solely on private health insurance, should verify with both the GHA and their insurer which services are covered under their specific circumstances. Those holding private international health insurance should scrutinise their policies carefully, as some plans exclude or impose limits on end of life and palliative care benefits. Always confirm your GHA registration status with the Primary Care Patient Registration team before assuming entitlement to public services.
What legal documents should expats have in place before the end of life in Gibraltar — such as a living will, advance directive, power of attorney, or healthcare proxy — and how do these work?
Expats residing in or relocating to Gibraltar are strongly encouraged to arrange several key legal documents well before the need arises. Gibraltar operates under a common-law legal system closely aligned with English law, meaning that instruments familiar in England and Wales have close counterparts in Gibraltar.
Will: All testamentary matters in Gibraltar are governed by the Wills Act 2009, which draws from the United Kingdom Wills Act 1963, and from the Gibraltar Administration of Estates Act 1933 as amended in 1971. A will must be signed by the testator in the simultaneous presence of two witnesses, who must also sign the document in one another’s presence. A person who stands to benefit under the will may not act as a witness.
Lasting Power of Attorney (LPA): Gibraltar law permits individuals to create a power of attorney that remains operative even after the individual has lost mental capacity. This is broadly analogous to the Lasting Power of Attorney in England and Wales, or the Enduring Power of Attorney recognised in certain other jurisdictions, and enables a trusted person to manage financial affairs and/or make healthcare decisions on your behalf should you become incapacitated.
Advance Directive / Living Will: Specific statutory provisions for advance directives in Gibraltar remain limited, but individuals can set out their preferences regarding medical treatment in a written document. This should be prepared with appropriate legal guidance and shared with your GP, the GHA, and your next of kin. The GHA Specialist Palliative Care Team can support advance care planning conversations. For the most current advice on formal recognition, consult a locally qualified Gibraltar solicitor.
Registration: Gibraltar maintains a Central Register of Wills administered through Companies House Gibraltar. Upon registration, the testator acknowledges that after their death any person may enquire of the Central Register whether a will was created — though not as to its contents. Registering your will significantly reduces the risk of it being misplaced or overlooked.
Are documents such as advance directives or powers of attorney made in another country legally recognised in Gibraltar?
Gibraltar’s legal framework is rooted in English common law, and its courts adopt a broadly pragmatic stance towards foreign legal instruments. That said, formal recognition is never automatic and depends on the nature of the document and the jurisdiction in which it was originally created.
Testamentary matters in Gibraltar are governed by the Wills Act 2009, based on the UK Wills Act 1963, with procedural rules drawn from the English Non-Contentious Probate Rules 1987 as amended. A will executed abroad may be considered valid in Gibraltar provided it satisfies the formal requirements of the Wills Act 2009, which allows for wills drawn up in conformity with the law of the place where they were executed.
Powers of attorney originating in other jurisdictions should ideally be accompanied by a certified translation if the original is not in English, and may require an Apostille under the Hague Convention before Gibraltar institutions will formally recognise them. Gibraltar, as a British Overseas Territory, participates in the Hague Convention apostille process. Independent legal advice from a Gibraltar-qualified solicitor is essential to determine whether a foreign document will be accepted by local bodies such as banks, the GHA, or the Supreme Court. Never assume that documents valid in your country of origin will be automatically honoured here without prior verification.
If you arrive in Gibraltar carrying advance directives or healthcare proxy documents from another jurisdiction, bring these to the attention of the GHA Specialist Palliative Care Team and your GP without delay, and seek local legal counsel on whether they require re-execution or supplementation with a Gibraltar-specific instrument.
What are the laws around euthanasia or assisted dying in Gibraltar?
Both euthanasia and assisted dying are unlawful in Gibraltar. The territory’s legal system is closely modelled on English law, and no legislation exists permitting physician-assisted dying or any form of euthanasia. Any person who takes steps to end the life of another — regardless of whether that person has explicitly requested it — may face grave criminal liability.
This is a particularly important point for expats arriving from countries where assisted dying has been legalised, such as Canada, the Netherlands, Belgium, or certain Australian states. In Gibraltar, the approach to end of life care centres on palliative support, pain management, and comfort-focused interventions rather than any life-ending procedure. The GHA Specialist Palliative Care Team is committed to delivering high-quality symptom control and dignified care throughout the final stages of life.
For those who hold strong views about their end of life preferences, the most constructive course of action is to engage in advance care planning discussions with your GP and the palliative care team and to ensure that a detailed written advance directive is lodged with your healthcare providers.
What are the local customs, traditions, and religious practices around death and dying in Gibraltar?
Gibraltar is a culturally rich and religiously diverse community, with residents of Catholic, Jewish, Muslim, Hindu, and Protestant backgrounds, as well as those who hold no religious affiliation. The majority of the indigenous Gibraltarian population is Roman Catholic, and Catholic customs and observances shape much of how death and mourning are marked across the territory.
Within Catholic tradition, it is customary for a priest to administer the Anointing of the Sick — formerly referred to as Last Rites — to those who are dying. Wakes, during which the body is received at the family home or in a chapel of rest for relatives and friends to pay their respects, are widely observed. Funerals commonly include a Requiem Mass at one of Gibraltar’s Catholic churches, followed by interment in the local cemetery. Gibraltar’s Jewish community conducts burials in accordance with Halacha (Jewish law), which requires prompt interment — typically within 24 hours of death where possible — with specific rites performed by the community’s burial society, the Chevra Kadisha.
The Compassionate Communities movement — a worldwide initiative recognising that death, dying, and bereavement are universal human experiences that belong to the whole of society — has shaped thinking about communal care at the end of life in Gibraltar. The close-knit nature of Gibraltarian society means that informal networks of support — encompassing neighbours, faith groups, and local associations — frequently play a meaningful role in sustaining bereaved families alongside formal services.
Expats of all faith backgrounds can expect their personal and cultural preferences to be respected. It is advisable to discuss any specific religious or cultural requirements with your healthcare team, GP, and chosen funeral director ahead of time, so that appropriate arrangements can be made.
What must you do when someone dies in Gibraltar? Who do you notify, how quickly, and in what order?
When a death occurs in Gibraltar, several official steps must be taken without delay. The following outlines the typical sequence of actions required:
- Obtain a Medical Certificate of Cause of Death: A doctor must certify the death and provide a Medical Certificate of Cause of Death. If the person died at St Bernard’s Hospital, this responsibility falls to the attending medical team. If the death occurred at home, the GP or GHA should be contacted. In instances of sudden, unexplained, or suspicious death, the matter will be referred to the coroner, and a post-mortem examination may be necessary before a certificate can be issued.
- Notify the next of kin and executor: The deceased’s immediate family and the executor or administrator named in any existing will should be informed as promptly as possible so that the requisite steps can be set in motion.
- Register the death: The death must be formally registered with the Gibraltar Civil Status and Registration Office as soon as possible after the Medical Certificate of Cause of Death has been obtained. The registrar will issue an official death certificate and grant authorisation for disposal of the body. No burial, cremation, or repatriation may proceed without this authorisation.
- Notify the relevant consulate or embassy (for foreign nationals): Where the deceased is a foreign national, their home country’s consulate or embassy should be informed without delay — ideally within 24 to 48 hours of the death, or as soon as is practicable. The consulate can advise on repatriation procedures and documentation requirements.
- Contact a funeral director: A local funeral director should be appointed to take custody of the body and to handle the practical and administrative dimensions of the funeral or repatriation. They will liaise on the family’s behalf with the GHA, the registry, and other relevant authorities.
- Notify the GHA and cancel any healthcare registrations: The GHA should be advised of the death so that ongoing healthcare arrangements may be terminated and records updated accordingly.
- Notify relevant financial and government bodies: This encompasses banks, pension providers, HM Government of Gibraltar’s social security or benefits offices (where applicable), and any insurance companies. If the deceased had a local employer or landlord, these parties should also be informed.
- Begin the probate or estate administration process: Where a will exists, the named executors should initiate the process of applying for a Grant of Probate from the Gibraltar Supreme Court’s Probate Registry. Where there is no will, an application for Letters of Administration will be required.
How is a death officially registered in Gibraltar, and what documents are needed?
The registration of deaths in Gibraltar is managed by the Civil Status and Registration Office, which operates under the HM Government of Gibraltar. Registration must take place as promptly as possible following medical certification of the death, and it is a legal prerequisite before any burial, cremation, or repatriation can proceed.
The documentation ordinarily required to register a death includes the Medical Certificate of Cause of Death (provided by the attending doctor or hospital), the deceased’s identity documents (passport, Gibraltar identity card, or equivalent), and, where these are available, the deceased’s birth certificate and marriage certificate. The informant — usually a close family member, the executor, or the funeral director — must attend in person to make the formal declaration.
Once registration is complete, the registrar will issue an official death certificate. It is advisable to obtain several certified copies at this stage, as they will be needed for probate proceedings, insurance claims, pension notifications, bank account closures, repatriation documentation, and consular formalities. The Civil Status and Registration Office can be contacted via HM Government of Gibraltar’s official website for information on current fees and procedures.
Where the coroner is involved — for example, following a sudden, violent, or unexplained death — registration may be postponed pending the outcome of any inquest. In such cases, the coroner’s office will keep the family informed of relevant timelines.
What happens if a foreign national dies in Gibraltar — what are the specific steps for notifying their home country’s embassy or consulate, and what role does the consulate play?
When a foreign national dies in Gibraltar, their home country’s consulate or embassy assumes an important practical and documentary function. Although Gibraltar is a British Overseas Territory and not a member of the European Union, most countries maintain consular representation in the region, typically through an embassy in Madrid or a consulate in southern Spain. Some nations also have honorary consuls based in Gibraltar itself.
The family or executor should contact the relevant consulate as soon as possible — ideally within 24 to 48 hours of the death. The consulate may assist by: notifying family members in the home country; issuing or facilitating a consular death certificate or equivalent notification; advising on the legal requirements for repatriation of remains; liaising with local funeral directors and Gibraltar authorities; providing a list of locally experienced lawyers and funeral directors; and, in certain circumstances, extending limited emergency assistance to family members left in financial difficulty abroad.
The Gibraltar Civil Status and Registration Office will issue the official Gibraltar death certificate, which is the primary legal instrument required for all subsequent processes — including repatriation, probate, and the cancellation of pensions. Consular staff cannot override Gibraltar’s legal framework or registry requirements, but they can facilitate communication between the family, Gibraltar’s authorities, and institutions in the home country. Always verify the specific requirements of the relevant consulate, as these differ by nationality.
How are funerals typically arranged in Gibraltar, and what are the usual options for burial or cremation?
Funerals in Gibraltar are generally arranged through one of the territory’s local funeral directors. These firms manage everything from collection of the deceased and preparation of the body, to the coordination of religious services, cemetery or cremation bookings, and the necessary paperwork. Given Gibraltar’s compact geography and tight-knit community, local funeral directors are well practised in handling arrangements with efficiency and sensitivity.
Burial is the traditional and most prevalent choice in Gibraltar, reflecting the predominantly Catholic and Jewish community customs. Gibraltar’s principal burial ground is the North Front Cemetery, which accommodates interments of multiple faiths. The Jewish community maintains its own separate burial ground. Land availability in Gibraltar’s cemeteries is limited, which is a practical consideration for long-term planning; families should enquire about plot availability directly with the relevant authority or funeral director.
Cremation is also available as an option. As Gibraltar has no crematorium of its own, cremation is typically arranged across the border in Spain. Local funeral directors are familiar with this process and can handle the necessary transport and documentation to move remains to Spain for cremation, with the ashes subsequently returned to the family. Expats who wish to be cremated are encouraged to discuss this preference with a funeral director in advance to gain a clear understanding of the process and current costs.
Gibraltar’s funeral directors are accustomed to serving the territory’s diverse international community and to managing the documentation required for repatriation. It is advisable to select a firm affiliated with a recognised professional body and to request a clear, itemised written quotation before committing to any services.
What are the approximate costs of a funeral in Gibraltar, and are there any state or insurance-based funds that can help cover them?
Precise funeral costs in Gibraltar are not published officially by the government and fluctuate depending on the type of service selected, the funeral director engaged, and whether burial, cremation, or repatriation is required. As a broad indication, a basic local funeral in Gibraltar — encompassing funeral director fees, a burial plot, and a simple religious service — is likely to amount to several thousand pounds sterling, broadly in line with comparable costs in the United Kingdom. Cremation arranged in Spain may represent a more economical alternative for some families. Repatriation of remains to another country tends to involve considerably higher costs. Itemised quotations should always be obtained from more than one funeral director at the time of need, as pricing changes regularly.
There is no dedicated state funeral grant in Gibraltar equivalent to the UK’s Funeral Expenses Payment scheme, although residents in genuine financial hardship may be able to access assistance through HM Government of Gibraltar’s social services. Families are encouraged to contact the Department of Social Services directly to enquire about any support that may be available.
Many expats address funeral and repatriation costs through private international health insurance, life insurance, or dedicated funeral cover. Policies vary considerably: some international health insurance products include a repatriation benefit covering the cost of transporting remains to the home country, while others require a separate rider or standalone policy. It is vital to examine your policy wording carefully and to ensure that your family is aware of where relevant documents and emergency contact details are stored. Some insurers operate 24-hour emergency lines specifically designed for situations where a policyholder dies abroad.
What is the process for repatriating the remains of a foreign national from Gibraltar to another country?
Repatriating remains from Gibraltar requires coordination between the local funeral director, the Gibraltar Civil Status and Registration Office, the home country’s consulate, and, where applicable, the receiving country’s authorities. The process can take anywhere from several days to several weeks, depending on the destination country, documentation requirements, and whether embalming or a sealed coffin is mandated under international transport regulations.
The principal steps in repatriation typically include: obtaining the official Gibraltar death certificate from the Civil Status and Registration Office; securing a certificate of embalming or body preparation, which is required for international transport under most airline and receiving-country regulations; obtaining a freedom-from-infection certificate from Gibraltar’s health authorities; liaising with the relevant consulate to acquire any necessary consular documentation; booking specialist air freight for the coffin or casket through the funeral director; and ensuring that all documents are translated and apostilled where required by the destination country.
Most international airlines stipulate that human remains must be transported in a hermetically sealed, zinc-lined coffin accompanied by a prescribed set of documents. Your Gibraltar funeral director will be familiar with these requirements and can manage the logistics accordingly. Repatriation is among the most complex and costly aspects of death administration for foreign nationals: costs vary considerably by destination but commonly fall within the range of £3,000 to £10,000 or more as a general reference point, making insurance coverage strongly advisable. Always confirm current costs and requirements with your funeral director and consulate at the time of need.
What happens to the estate of someone who dies in Gibraltar — how does probate or estate administration work, and are there inheritance taxes?
Gibraltar imposes no estate, inheritance, gift, or wealth taxes whatsoever. All testamentary dispositions may be received by beneficiaries entirely free of Gibraltar tax. This represents a significant advantage relative to many other jurisdictions and means that no tax filings need to be made with Gibraltar’s revenue authorities in connection with an inheritance.
Where the deceased has left a will, the executors named in that will must apply to the Probate Registry of the Gibraltar Supreme Court for a Grant of Probate. The procedure is administrative in nature and involves an application supported by an affidavit or witness statement, together with an undertaking to collect all assets belonging to the deceased and distribute them in accordance with the terms of the will.
Gibraltar is one of a very small number of jurisdictions worldwide — alongside England, Wales, and Northern Ireland — where a testator enjoys full and unrestricted freedom to dispose of their estate as they choose. There are no forced heirship rules compelling a testator to leave particular assets to family members or dependants. This principle of absolute freedom of testamentary disposition is enshrined in Section 3 of the Wills Act 2009.
For expats with assets spread across multiple countries, the administration of a cross-border estate can become complex. Holding a Gibraltar-specific will may streamline matters, enabling executors to probate that will in Gibraltar and give effect to the deceased’s wishes in respect of Gibraltar assets separately from any probate process in the home country. Legal advice from a Gibraltar-qualified solicitor is strongly recommended.
If an expat dies without a will in Gibraltar, what happens to their assets under local intestacy laws?
The estate of a deceased person is administered and distributed either under the terms of a will or, where none exists, in accordance with the intestacy rules set out in the Administration of Estates Act 1933.
When a person dies intestate, an application must be made to the Supreme Court for a Grant of Letters of Administration, by which the court appoints one or more administrators to manage the estate. The priority order of persons entitled to apply is established by the Non-Contentious Probate Rules 1987/2024. The deceased’s spouse has the first entitlement to apply; in the absence of a spouse, the deceased’s children; in the absence of children, the deceased’s parents; and so on in descending order.
The order of priority to inherit on intestacy mirrors the order of entitlement to apply for a grant. Where no qualifying family member can be identified, an application may be made either on behalf of the Government claiming bona vacantia — meaning that there are no persons entitled and the estate should pass into public funds — or by a creditor of the estate.
For expats, intestacy can generate particular complications where assets are held across more than one jurisdiction or where the deceased was not domiciled in Gibraltar. Gibraltar law concerning persons who die domiciled outside Gibraltar closely resembles that of England and Wales, and the Supreme Court of Gibraltar treats movable and immovable property differently in this context. Preparing a Gibraltar-specific will remains the single most effective measure an expat can take to safeguard their estate and protect the interests of those they leave behind.
Frequently Asked Questions
Will my foreign health insurance be accepted for palliative or end of life care in Gibraltar?
Private international health insurance may be accepted by private healthcare providers operating in Gibraltar, but services delivered through the GHA are generally accessed via the GHA’s own patient registration system rather than through direct billing to overseas insurers. Before assuming that foreign insurance will cover GHA-provided palliative care, you should check directly with both your insurer and the GHA. Some international policies do include end of life and repatriation benefits — read your policy wording carefully and ensure that your insurance emergency contact details are readily accessible at all times.
Do I need documents translated into English to be valid in Gibraltar?
English is Gibraltar’s official language, and all formal legal and administrative processes are conducted in English. Documents issued in other languages — such as foreign wills, powers of attorney, or advance directives — will generally need to be accompanied by a certified English translation before Gibraltar’s authorities, courts, or financial institutions will accept them. In many cases, a professional certified translation and an Apostille issued under the Hague Convention will also be required.
How long does the repatriation of remains from Gibraltar typically take?
Repatriation from Gibraltar typically takes between five and fourteen days, depending on the destination country, the documents required, flight availability, and whether a coroner’s inquest or post-mortem examination is involved. Where all documentation is in order and the family acts swiftly, the process may occasionally be concluded more quickly. Your funeral director and the relevant consulate are best placed to advise on realistic timelines for your specific situation.
What bereavement support is available for family members after a death in Gibraltar?
Cancer Relief Gibraltar’s hospice care extends beyond the end of life itself, offering ongoing emotional and practical support to families during bereavement following the loss of a loved one. The GHA’s palliative care team and community nursing services are also able to direct families towards psychological support and bereavement counselling resources. Gibraltar’s faith communities — including Catholic, Jewish, and other religious organisations — commonly provide pastoral care and community solidarity to those who are grieving.
Can I be buried in Gibraltar as a foreign national?
Yes, foreign nationals may be buried in Gibraltar, provided that space is available in the relevant cemetery and that Gibraltar’s burial regulations are complied with. The North Front Cemetery accommodates burials of diverse faiths. The Jewish community has its own designated burial ground, where specific rites are observed. Given Gibraltar’s limited land area, cemetery capacity is a genuine practical constraint, and families are advised to make enquiries in advance through the appropriate authority or a local funeral director.
Is a will made in another country automatically valid in Gibraltar?
Testamentary matters in Gibraltar are governed by the Wills Act 2009, which is based on the UK Wills Act 1963. A will executed abroad may be recognised in Gibraltar if it satisfies the formal validity requirements of this Act — for instance, if it was validly made under the law of the country in which it was executed. However, recognition is not guaranteed, and it may still be necessary to obtain a Grant of Probate from the Gibraltar Supreme Court. Expats holding assets in Gibraltar are strongly advised to execute a Gibraltar-specific will in addition to any will prepared in their home country.
What happens if a death in Gibraltar is sudden or unexplained?
In the event of a sudden, unexplained, violent, or suspicious death in Gibraltar, the case will be referred to the coroner. The coroner may direct a post-mortem examination and, if warranted, convene an inquest. Until the coroner grants the relevant authorisation, the body may not be released for burial, cremation, or repatriation. This can extend the entire process by several days or weeks. The coroner’s office will maintain communication with the family and, where applicable, with the deceased’s consulate throughout proceedings.
Are there any particular considerations for expats from countries with forced heirship laws?
The Trusts (Private International Law) Act 2015 introduced so-called “Firewall” legislation in Gibraltar, which limits the reach of foreign laws and judgments — particularly those relating to forced heirship. This means that if you hold assets in Gibraltar and your home country enforces forced heirship provisions (as many civil law countries do), Gibraltar law may afford some protection against those provisions being applied to your Gibraltar assets. This is, however, a nuanced area of private international law, and you should obtain tailored advice from a Gibraltar-qualified solicitor if your estate spans multiple jurisdictions.