Inheriting a Timeshare

At sales presentations, one of the advantages often highlighted is that a timeshare is a piece of property that can be passed on to heirs. And this is indeed true.

A timeshare, like any other asset, can be inherited, meaning heirs receive both the rights and the obligations — including annual fees and legal responsibilities connected with ownership. To formalize the inheritance, the heirs must go through the official inheritance procedure in accordance with either a will or inheritance law. It is important to note that heirs may also refuse such an inheritance by submitting an official renunciation of ownership.

We will examine all situations related to timeshare inheritance. But first, it should be mentioned that no more than four people can be listed as timeshare owners, with one of them formally designated as the “Primary” owner. All club correspondence, including annual fee invoices, will be addressed to this person. However, in practice, all individuals listed on the ownership certificate have equal rights. Family members not listed on the certificate may use the timeshare only with permission and a written notice submitted to the resort for each trip.

Leaving a Timeshare to Heirs

If timeshare owners want to make arrangements for their heirs in advance, there are two main options:

·       Adding heirs as co-owners during their lifetime. In this case, heirs must provide written consent and sign documents confirming that they accept the rights and obligations of club membership when the ownership certificate is reissued. The drawback is that the re-registration fee must be paid upfront.

·       Including the timeshare in a will, specifying up to four heirs.

If the timeshare is included in a will, then the terms of the will determine who inherits it. The owner may leave the timeshare to anyone — not only family members. In this case, the process requires an apostilled translation of the will and the original ownership certificate. On the back of the certificate, the heir(s) must sign to confirm acceptance of the rights and obligations of ownership. These documents are then sent to the resort’s Trustee, who verifies them against the ownership register and initiates the re-registration process. The Trustee’s service fee for issuing a new certificate currently varies widely: about €350 for many clubs, but in some cases as low as €150 or as high as €1200. It is advisable to confirm the exact fee in advance with the club administration or directly with the Trustee. The new certificate will be issued to the address provided on the signed certificate.

If there is no will, inheritance follows the order set by law, usually beginning with children, spouse, and parents. In such cases, heirs must contact a notary within six months of the owner’s death. The notary issues a certificate of inheritance rights. For timeshare inheritance, an apostilled translation of this certificate is required, and as before, heirs must sign the back of the ownership certificate and pay the re-registration fee.

In the event of a dispute among heirs, the matter must be resolved in court. The court’s ruling then forms the basis for re-registering the ownership. This ruling must also be translated (usually into English, though sometimes into the local language of the resort) and apostilled. Once again, heirs sign the back of the certificate and cover the re-registration fee.

What if the Timeshare Was Forgotten in the Inheritance Process?

It is not uncommon for families to overlook a timeshare when handling an estate, since many see it as “vacation time” rather than property. Fortunately, there is no statute of limitations for timeshare inheritance. Even years later, the timeshare can be re-registered to heirs, as long as they agree among themselves. The designated heir must present the notary’s inheritance certificate, and the certificate of ownership can then be reissued in their name(s). If one or more heirs do not wish to inherit the timeshare, a written renunciation from them is sufficient.

What if the Certificate Is Lost?

This too happens often. After the owner’s passing, heirs may not be able to locate the timeshare documents or even remember the exact details of the property. The first step is to establish what the deceased owned. The financial and legal specialists of Timeshare Helpline can assist with this process, using any available records. If the original ownership certificate is lost, the Trustee issues a special form to be signed instead of the back of the certificate. This declaration confirms that the original has been lost, not sold or mortgaged. The rest of the procedure follows the standard process described earlier.

What if There Are Outstanding Debts?

A timeshare that is inherited may come with unpaid fees. Before re-registering the ownership, any outstanding balance must be cleared. The exact debt can be confirmed with the club administration or management company, and at the same time, heirs should inform the club of the owner’s passing. Often, this allows penalties or late fees to be waived or reduced. These negotiations are best handled by the financial-legal department of Timeshare Helpline.

Selling an Inherited Timeshare

Heirs do not need to first re-register the timeshare in their own names before selling it. The sales application can be submitted and paid for by any person — an heir, a family member, a lawyer, or even a representative. However, the sales proceeds may only be received by the legal heirs. What matters most is that all heirs agree to the sale and to the price. All heirs must sign the sales contract with the buyer, specifying where and how the proceeds will be distributed. Payments can be directed to one heir or divided among several, according to their agreement. The Transaction Support Department of Timeshare Helpline can help heirs handle the entire sales process smoothly.

Is Re-Registration Always Necessary?

Not always. If heirs were already listed as co-owners on the original certificate, then the deceased owner’s removal is only a formality. The presence of a deceased owner’s name on the certificate does not prevent use or resale of the timeshare. In this case, re-registration is not necessary unless heirs want to make changes.

Taxes on Timeshare Inheritance

There are no special taxes for inheriting a timeshare. If any registration fee applies, it is typically included in the standard re-issuance cost of the ownership certificate.

Can You Refuse a Timeshare Inheritance?

Yes, heirs may refuse the inheritance, either in favor of another heir or entirely. This requires contacting the club administration (or the Trustee) to request the official renunciation form or procedure. Note that some resorts require all debts and a renunciation fee to be paid. For example, Compass Club has a standard renunciation procedure for heirs, requiring payment of all outstanding dues and a €50 fee. Other clubs may charge more.

Heirs may choose to refuse the timeshare if they never liked the resort or do not wish to use it. However, if they simply dislike the specific resort but are otherwise open to the concept of timeshare, a better option may be to transfer into another club that suits them better. This can be cost-effective, as the inherited timeshare may pay for itself within one or two vacations. In such cases, the timeshare can even become a meaningful legacy of the loved one.

Finally, before refusing and walking away with nothing, heirs should consider selling the timeshare. As noted above, heirs can initiate a sales application without even having the certificate in their name. Only the translated and apostilled inheritance documents are required for the transfer to the buyer and to receive the proceeds.