Planning an inheritance in Spain is a key responsibility for many foreign property owners in Marbella and across the Costa del Sol. International families face a different legal landscape from the one they know at home, and this becomes especially relevant when they own real estate, bank accounts, investments, or vehicles in Spain.
British, American, Irish, Canadian, and European clients regularly contact Tejada Solicitors to understand what happens to their Spanish assets upon their passing, how their heirs are taxed, and which legal steps they should take now to avoid complications later. This is helpful for Spanish inheritance law for non-residents as well.
The aim of this article is to give foreign residents a clear overview of how Spanish inheritance law works and why early planning is essential. With the right legal guidance, you can minimise future tax costs, avoid delays and disputes, and ensure your estate is transferred exactly as you intend.
Spanish inheritance procedures are precise and deadline-driven, and the rules differ substantially from those applied in the UK, Ireland, the US, Canada or most European countries. An inheritance lawyer in Marbella plays a decisive role in coordinating the legal, tax, and administrative elements to ensure they work together correctly. Their support is especially valuable for international families, because the process involves cross-border documentation, multiple legal systems, and several authorities in different countries. Other questions, like what happens when a co-owner dies in Spain, or how do you divide inherited property, are also more easily understandable with an inheritance lawyer.
Spanish succession law is built around the principle of forced heirship. A portion of the estate — the legítima — must be reserved for direct relatives such as children or parents, reducing the owner’s freedom to decide how assets are distributed. Without proper planning, many foreign residents are surprised to discover that their spouse may not automatically inherit the entire estate.
Fortunately, EU Regulation 650/2012 offers an important solution: foreign nationals residing in Spain may select the law of their nationality to govern their estate. This allows, for example, a British or Irish resident in Marbella to apply English or Irish law in their Spanish will, maintaining full testamentary freedom and avoiding the restrictions of Spanish forced heirship.
However, this choice of applicable law must be drafted explicitly and correctly. A poorly drafted will or a missing clause can invalidate the intended outcome and result in Spanish succession rules applying. A specialist inheritance lawyer ensures the will is legally sound, coordinated with foreign wills, and fully enforceable in Spain.
Get expert advice on Spanish inheritance matters
Attempting to handle an inheritance in Spain without professional guidance carries several risks:
Heirs have six months from the date of death to file the Inheritance Tax. A six-month extension is possible, but only if it is requested within the initial period. Missing this deadline can result in interest, penalties, and surcharges, substantially increasing the tax burden.
Spanish authorities require specific documents, properly legalised and translated, including:
Any missing, invalid, or incorrectly translated document can delay acceptance of the inheritance or complicate tax filing.
Andalusia’s regional tax allowances can significantly reduce the Inheritance Tax liability for spouses, children, and close relatives, such as the Gift tax in Andalucía. Without proper legal guidance, many beneficiaries miss these reductions or apply them incorrectly, unnecessarily increasing costs.
Unmarried couples or those not registered as an official pareja de hecho in Andalucía are taxed in a separate category with much higher rates. Formalising the partnership and signing coordinated Spanish wills often results in substantial tax savings for the surviving partner.
Spanish Inheritance Tax is governed by:
A specialist inheritance lawyer in Marbella understands how these rules apply, how to coordinate them with international estates, and how to structure the process to minimise tax exposure.
At Tejada Solicitors, we advise clients to undertake proactive inheritance tax planning well in advance. This includes analysing the tax position of future beneficiaries, reviewing available Andalusian reductions, and identifying legal tools — such as Spanish wills, marital arrangements or restructuring of asset ownership — to reduce inheritance tax and ensure a smooth and predictable succession.
Book a consultation with our inheritance experts
At Tejada Solicitors, we provide a comprehensive inheritance service that covers everything from advance planning and drafting Spanish wills to full probate management and tax compliance. Our team supports international families who own property or investments in Marbella and need guidance that considers both Spanish and foreign legal systems. Below is an overview of the key services we offer to ensure your succession is handled efficiently, transparently, and with full legal certainty.
Effective inheritance planning begins long before the succession takes place. We assist clients in preparing Spanish wills that reflect their personal and family circumstances, ensuring compliance with the laws of both Spain and their home country.
For British clients, one of the most important elements is the inclusion of the national-law choice clause under EU Regulation 650/2012. This clause allows British nationals to apply English law to the distribution of their estate in Spain, ensuring assets are passed on according to their wishes. Without this clause, Spanish forced heirship rules would apply by default, reducing testamentary freedom.
Our inheritance lawyers prepare bilingual wills (English–Spanish) so you understand every clause at the moment of signing. If you already have a will abroad, we review it alongside your Spanish will to avoid unintended revocations or inconsistencies across jurisdictions.
In addition, we advise on complementary planning tools that can reduce the future tax impact for your heirs, including lifetime gifts, property restructuring, and the use of life insurance policies where appropriate.
When a succession occurs, our team manages the entire process from initial documentation through the transfer of assets into the heirs’ names. We begin by gathering all required documents, including death certificates, the Spanish Certificate of Last Wills, life insurance certificates, the Spanish will, foreign wills when applicable, probate documents such as the Grant of Probate, property deeds, vehicle records, and bank account information.
Once the file is complete, we work with the notary to prepare the Escritura de Aceptación y Adjudicación de Herencia, the official document that lists the assets, liabilities, and final distribution among heirs.
The Spanish system differs from the UK model, where the estate is administered by an executor or administrator appointed through probate. In Spain, heirs accept the inheritance through a notarised deed, and the estate is then formally transferred to them once taxes are settled and registrations are completed. We guide clients through these procedural differences so that each step is clearly understood.
We also coordinate the presence of all heirs at the notary. If someone cannot attend, we arrange powers of attorney, remote authorisations, or appointments at Spanish consulates abroad.
After the inheritance deed is signed, we handle the practical execution of the succession: registering real estate in the Marbella Land Registry, updating the ownership of bank accounts, and transferring vehicles and other assets into the beneficiaries’ names. Our team keeps clients updated at every stage and guarantees the process is carried out with the necessary level of accuracy and legal formality.
One of the most important aspects of any succession in Spain is tax planning and correct tax filing. Spanish inheritance tax is assessed individually to each heir based on the value of the inheritance they receive. This structure differs from the UK system, in which the executor or administrator pays the tax directly from the estate before distributing the remaining assets.
Andalusia introduced a 99% tax relief for spouses and children in 2019, significantly reducing the tax burden in many family cases. However, calculating the final liability still requires detailed analysis: reductions depend on the relationship with the deceased, the real value of each asset, any disabilities of beneficiaries, life insurance proceeds, and a range of regional allowances.
We also review whether the municipal capital gains tax (“plusvalía municipal”) applies to real estate transfers in Marbella. The applicability of this tax depends on the specific characteristics of each property and the method used to calculate land value increases.
Another consideration is the absence of a double taxation treaty on inheritance matters between Spain and the UK. Even so, heirs may apply international double-taxation deductions to avoid paying tax twice on the same asset when this situation arises.
Our inheritance tax Andalucía specialists prepare all filings, ensure the correct deductions are applied, and present the documentation within the legal deadlines to avoid penalties and interest.
Request tailored inheritance advice in Marbella
Every inheritance case has its own legal and personal context. Even so, years of experience assisting international families in Marbella have allowed us to develop a structured methodology that ensures clarity, predictability, and efficiency throughout the entire process. Our goal is that you always know what we are doing, why we are doing it, and what comes next.
Belo, we outline how we will manage your case step by step.
The process begins with a personalised consultation focused on understanding your family situation, the composition of the estate, and the jurisdictions involved. During this meeting, we evaluate the most appropriate legal and tax strategy for your specific circumstances and identify any potential complications from the outset.
Once we review the information provided, we will provide a clear explanation of the required steps, approximate timelines, and the fiscal implications associated with the inheritance. At this stage, we also provide a fixed-fee quotation for our complete service, along with a breakdown of foreseeable external costs, including notary fees, registry charges, and applicable taxes. This ensures complete transparency and helps you make informed decisions from day one.
We prioritise direct and open communication. You can raise any question, no matter how simple, and we will clarify it in straightforward language, avoiding unnecessary legal jargon.
Once you instruct us, we begin the document collection and verification phase. This includes obtaining the essential certificates:
If a Spanish will exists, we request an authorised copy. If not, we obtain the foreign will in the country of origin. When no will exists in either jurisdiction, we guide the heirs in securing the Grant of Probate or its equivalent in the relevant country.
In parallel, we prepare a detailed inventory of the estate. This includes verifying property ownership in Marbella or other locations, checking the land registry, reviewing bank accounts, vehicles, investments, and any relevant financial instruments. The due diligence process ensures that all assets are identified and correctly valued; in some cases, we may request a valuation from a Bank of Spain–approved appraisal company.
We also review liabilities. Debts, loans, or unpaid taxes form part of the estate and may influence how heirs choose to proceed. Our team explains the legal options available, including acceptance with the benefit of inventory or renunciation when the liabilities exceed the assets.
Before moving to the signing stage, we send our clients a clear summary of the estate inventory, the proposed distribution plan, and an estimate of the taxes payable to the Junta de Andalucía or the Spanish Tax Agency. This gives you an accurate picture of the inheritance before any formal steps are taken.
Plan your succession in Spain with confidence
We coordinate with a Marbella notary to prepare the Escritura de Aceptación y Adjudicación de Herencia, the notarial deed that lists and distributes the estate. The deed includes a complete breakdown of all assets and liabilities—property, vehicles, bank accounts, investments—as well as their valuations and the allocation to each heir.
Once the deed is signed and taxes are paid, we manage all subsequent registrations:
This ensures the inheritance is executed correctly and that all public records reflect the new legal ownership. And if an heir cannot travel, we arrange a power of attorney in Spain so the inheritance can proceed without delays
For international clients, consistent communication is essential. At Tejada Solicitors, we treat this as a core part of our service. From the first day, a lawyer is assigned to your case and becomes your direct point of contact. You will receive their email and direct telephone number, and you can communicate with us in English without intermediaries.
We also issue periodic status reports so you always know which stage your case is in, which documents have been obtained, which steps are pending, and how the timeline is progressing.
Our approach is built on respectful, straightforward, and human communication. We want you to feel informed, supported, and confident throughout the entire process.
Selecting a law firm with both local expertise and international experience is essential when managing a cross-border inheritance. As one of the most established solicitors in Marbella, our firm combines local knowledge with a strong network of local institutions, and a multidisciplinary legal–tax approach tailored to the needs of foreign clients. Our service model is built on precision, transparency, and a thorough understanding of how international families structure and transfer their assets.
Our clients benefit from:
Below, we explain why our firm is particularly well-positioned to support international heirs and executors.
Tejada Solicitors has long-standing roots in Andalucía and extensive experience on the Costa del Sol. Our lawyers are registered with the Málaga Bar Association, and our tax advisors are members of the Málaga College of Economists, ensuring we remain aligned with local regulations, administrative practices, and evolving tax criteria. Our continuous training and professional network keep us closely connected to notaries, registrars, and financial institutions, thereby enabling a faster, more predictable, and better-coordinated inheritance process.
Spanish legal documents are often complex and issued exclusively in Spanish. To avoid misunderstandings, we explain every clause, requirement, and legal implication in clear English. This ensures that you fully understand each decision, each signature, and each procedural step. For international families, this clarity is essential for peace of mind and informed decision-making.
After reviewing your situation in the initial consultation, we provide a written fixed-fee proposal that clearly outlines the scope of work, our professional fees, and any foreseeable external costs such as notary fees, taxes, or registry charges. This quotation remains stable unless unexpected circumstances arise—something we communicate immediately and never proceed with without your approval. Our goal is to provide complete transparency and financial predictability from the start.
With more than 20 years advising foreign clients in Spain, particularly in Marbella and the broader Costa del Sol, our firm has extensive experience in cross-border inheritance matters. Many clients choose us after recommendations from others who have been through the same process. Reviews on platforms like Trustpilot, Google, and our own website frequently highlight our professionalism, responsiveness, and client-focused approach. These testimonials reflect our commitment to reliability and excellence in service.
A solicitor with experience in property conveyancing in Spain, committed to preventing disputes through well-planned purchasing procedures. Focused on ensuring safe and legally compliant property transactions for international clients by providing thorough analysis and expert legal guidance. Read more
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We work by appointment to ensure every client receives dedicated attention. During this initial meeting, you will understand how we work, receive preliminary guidance, and gain a clearer view of the legal and tax steps ahead. Even before the full process begins, this session provides practical value and direction.
To make your consultation as productive as possible, it helps to bring basic information such as:
Your questions, concerns, and priorities
Throughout the inheritance process, we act as your dedicated legal representatives, safeguarding your rights and interests at every step. This includes ensuring procedural fairness, maintaining absolute transparency, and structuring the inheritance to achieve optimal tax efficiency. Our commitment is to support you with a professional, clear, and centred service.
Yes. If you own property in Marbella or anywhere in Spain, signing a Spanish will is highly recommended. It is not legally mandatory, but it makes the inheritance process far faster, clearer, and less expensive for your heirs.
A Spanish will:
A non-resident surviving spouse is generally governed by their own national law, not Spanish law. Spanish succession rules apply only if the spouse is a Spanish tax resident and has chosen Spanish law in their will, or if no will has been made.
This distinction is important because a spouse’s rights and obligations can differ significantly depending on which law applies.
Completely avoiding inheritance tax is not always possible, but the tax burden in Marbella and the rest of Andalucía has been drastically reduced for close family members.
Direct heirs (spouses, children, parents) benefit from:
In practice, heirs pay no tax on amounts up to €1 million, and only 1% on amounts exceeding that.
For more distant heirs (siblings, nieces/nephews, friends, unmarried partners not registered as pareja de hecho), the allowances are much smaller and the progressive tax rates apply. In high-value estates without direct heirs, planning alternatives such as lifetime gifting or corporate/trust structures may be considered, but these require a personalised analysis.
When inheritance disputes arise, an inheritance lawyer manages all legal actions, from challenging or defending a will to representing heirs in court.
This involves gathering evidence—medical reports, witness statements, handwriting expert reports (if a signature is questioned)—and filing the appropriate civil claim. Dispute cases can be technically complex, so specialist legal guidance is essential.
The timeline varies by case, but most straightforward inheritances take around three months, while more complex cases—especially those without a will or with disputes—may take up to a year or longer.
Key factors include:
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