Inheritance lawyer in Marbella (Spain): expat-focused, English-speaking

Marbella concentrates two realities that no other Spanish city does at this scale: ultra-premium real estate (La Zagaleta, Sierra Blanca, Puerto Banús, Guadalmina, Nueva Andalucía) and a deeply international owner base — British, Irish, Dutch, German, Scandinavian, Russian, Saudi. When a Marbella owner passes away, the inheritance is rarely simple: foreign wills, multiple jurisdictions, properties at €1M+, complex tax planning.

Our office is in Fuengirola, 30 minutes from central Marbella. We handle Marbella inheritances for expat families on a daily basis: 60% of our Marbella caseload involves at least one non-resident heir.

Why Marbella inheritances are different

  • Premium property values. A villa in La Zagaleta or Sierra Blanca routinely exceeds €3M. The deceased’s main-home reduction (€1M) and the kinship reduction (€175K to €1M depending on group) cover most family inheritances tax-free, but you must claim them correctly. Errors here are five-figure mistakes.
  • Andalucía’s 99% bonification applies to direct family heirs (Group I and II) — including non-residents from EU/EEA and the UK after 2018 Supreme Court rulings. This converts what would be a €400K tax bill in some other regions into ~€2,000.
  • Plusvalía Marbella. Marbella town hall has its own tax ordinance. Since the Constitutional Court ruling of October 2021, you choose between the objective method (cadastral × coefficient) and the real method (declared gain). For premium properties bought 15+ years ago, the difference can be €30,000.
  • Cross-border wills. Many Marbella owners have parallel wills in two countries (e.g. UK + Spain). We harmonize them under EU Regulation 650/2012 and avoid invalidation conflicts.
  • Companies, trusts and offshore structures. Some Marbella properties are owned through Gibraltar companies, BVI trusts or similar structures. We coordinate with the foreign legal team on the unwinding for inheritance purposes.

Marbella inheritance services

Acceptance and partition

Certificate of last wills, death certificate, drafting of partition document, signing the inheritance deed before a notary in Marbella, San Pedro de Alcántara, Estepona or Fuengirola. Registration at the Marbella Land Registry (Nº 1, 2, 3 or 4 depending on zone).

Spanish Inheritance Tax (Modelo 650)

Filed with the Junta de Andalucía within 6 months. We claim the 99% regional bonification (Group I and II), the €1M reduction for the deceased’s main home, the kinship reduction, and the 95% reduction for family-business participations if applicable. For UK/EU non-residents we file under regional rules.

Plusvalía Municipal (Marbella town hall)

We calculate both the objective and real methods and file under the lower. We handle prórroga requests for complex estates and challenge errors in the town hall’s calculation when needed.

Premium property due diligence

For high-value villas we audit: cadastral data vs. registered data, undeclared works (very common: pools, garages, additions, garden buildings), planning compliance, debts, liens, community fees. We regularize before the inheritance to avoid problems on later sale.

Property held through companies / trusts

Where the property is held by a Spanish SL, a Gibraltar company, or a foreign trust, we coordinate with the corporate lawyer and tax advisor on the dissolution or transfer plan.

Multi-jurisdiction wills

EU Regulation 650/2012 + UK probate + sometimes a third country. We obtain the European Certificate of Succession when assets span EU countries and coordinate with notaries and solicitors in each jurisdiction.

UK probate post-Brexit

UK residents still benefit from Andalucía’s bonifications (Spanish Supreme Court rulings 2018+). We obtain the Grant of Probate, apostille it, arrange a sworn translation, and present everything to the Spanish notary.

Worked example — Marbella villa inheritance

A British retiree passes away owning a €1.8M villa in Sierra Blanca, a €120,000 apartment for his daughter in Nueva Andalucía, and €280,000 in a Spanish bank account. Total estate in Spain: €2.2M. He had a UK will leaving everything equally to his two adult sons (UK residents).

  • Each son inherits €1.1M.
  • Kinship reduction Group II (adult children): €1,000,000 each — covers most of the share.
  • Main home reduction (95%, up to €1M): applies to the Sierra Blanca villa if it was the deceased’s main home.
  • Andalucía 99% bonification on remaining tax.
  • Final tax per heir: ~€600-€1,200 depending on documentation of main-home status.
  • Plusvalía Marbella for both properties: ~€8,000-€18,000 combined depending on calculation method.
  • Notary, registry, professional fees: ~€7,000-€10,000 total.

Without the regional bonification (state rules pre-2014): the same case would have triggered ~€350,000 in inheritance tax. The difference is entirely in correctly claiming Andalucía rules.

Languages and presence

English, Spanish (native), French. We coordinate with sworn translators for Dutch, German, Russian, Swedish, Norwegian and Arabic when needed. Office in Fuengirola, presence at notaries in Marbella, Estepona, Benahavís and Sotogrande.

Areas covered around Marbella

Marbella centre, Casco Antiguo, Marbella East (Las Chapas, Elviria, Cabopino, Calahonda), Marbella West (Puerto Banús, Nueva Andalucía, San Pedro de Alcántara, Guadalmina, Sierra Blanca, La Zagaleta), Estepona (centre, Selwo, El Paraíso, Atalaya, Bahía Dorada), Benahavís (La Zagaleta, El Madroñal, Marbella Club Golf), Manilva, Casares, Sotogrande, Mijas, Fuengirola, Benalmádena, Torremolinos, Málaga.

Frequently asked questions

I’m a UK resident inheriting a villa in La Zagaleta worth €4M, what tax do I pay?

Applying Andalucía’s regional rules (available to UK non-residents post-2018): kinship reduction of €1M, main-home reduction up to €1M (if applicable), and the 99% bonification on remaining tax. For a single heir of €4M from a parent: estimated tax in the range of €1,500-€8,000 depending on documentation. Without the bonification, it would be approximately €700,000.

The villa is owned by a Gibraltar company. How does that affect inheritance?

The asset transferred is shares in the company, not the villa directly. Spanish Inheritance Tax applies to those shares because the underlying asset is in Spain. We coordinate with the corporate lawyer in Gibraltar (or wherever the company is registered) for the transfer of shares and the unwinding plan.

My father had wills in both UK and Spain. Which one applies?

Under EU Regulation 650/2012, the law of habitual residence applies by default, unless the will explicitly chose national law (professio iuris). We review both wills, identify any conflicts, and apply whichever combination is legally valid and tax-efficient. In practice this is one of the most common situations in Marbella.

What if there are undeclared works on the villa?

We regularize before the inheritance is registered, using a notarial declaration of new construction by antiquity (declaración de obra nueva por antigüedad) when the work is more than 6 years old (general urban prescription). This avoids problems and price reductions on later sale.

Do I need to fly to Marbella?

No. Power of attorney signed in your country (apostilled) lets us handle every step. We send video updates of notary signings if you want to “be there” remotely.

How much does it cost in total for a €1M villa inheritance?

For a single property of €1M with one heir, Group II, applying all reductions: total cost (taxes + notary + registry + our professional fees) typically €5,000-€10,000. We provide a fixed-fee quote upfront.

Free consultation in English

Call +34 900 525 939 or fill our contact form. First consultation free, no obligation. Same-day reply in English. Office in Fuengirola — we travel to Marbella for in-person meetings when needed.

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