Inheritance lawyer in Mijas (Costa del Sol, Spain)
Mijas has the highest density of foreign residents of any municipality in Spain — over 40% of the registered population is non-Spanish. Mijas Costa, La Cala, El Faro, Riviera del Sol, Calahonda, Mijas Pueblo and the Sierra concentrate British, Irish, Dutch, German, Swedish, Norwegian, Belgian and Danish property owners. Inheritance with a Mijas property is rarely a domestic matter — it almost always crosses borders.
Our office is in Fuengirola, 10 minutes from Mijas Costa via the AP-7. We’ve been handling Mijas inheritances for non-resident families on a daily basis: about 70% of our Mijas caseload involves at least one heir living outside Spain.
Why Mijas inheritances are different
- EU Regulation 650/2012 applies daily. Default rule: law of the deceased’s habitual residence. Most British, German or Dutch residents in Mijas can choose their national law in their Spanish will (professio iuris) — but you have to claim it.
- Andalucía’s 99% Inheritance Tax bonification applies to direct family — including UK residents post-Brexit (Spanish Supreme Court rulings 2018+) and EU/EEA residents (ECJ ruling C-127/12).
- Plusvalía Municipal del Ayuntamiento de Mijas with dual calculation method since the Constitutional Court ruling of 26 October 2021. For older properties bought 15-25 years ago, the real method often gives much lower numbers.
- Property irregularities are common. Many Mijas Sierra villas have undeclared works (pools, garages, garden buildings, extensions). We regularize before registering the inheritance to avoid problems on later sale.
- Multi-jurisdictional wills. Many Mijas owners have parallel wills in Spain and their home country. We harmonize them under EU Regulation 650/2012.
Mijas inheritance services for non-residents
Acceptance and partition
Last Wills certificate (Spain) + Grant of Probate (UK) or Erbschein (DE) or Verklaring van Erfrecht (NL). Drafting of partition document with current market valuations. Signing the inheritance deed before a notary in Mijas, Fuengirola or Marbella.
Spanish Inheritance Tax (Modelo 650)
Filed before Junta de Andalucía with the 99% regional bonification (Group I and II). Up to €1M reduction for the deceased’s main home, kinship reduction, family business reduction (95%) when applicable.
Plusvalía Municipal (Mijas Town Hall)
Dual calculation. For older Sierra villas with low cadastral land values, the objective method often produces very low taxable amounts. We calculate both options and pick the lower.
Property regularization pre-inheritance
If the inherited villa has undeclared works (very common in Mijas Sierra: pools, garages, additions), we file a notarial declaration of new construction by antiquity (declaración de obra nueva por antigüedad) before registering the inheritance. Works older than 6 years generally don’t trigger urban sanctions in Andalucía.
UK probate post-Brexit
UK residents retain access to Andalucía’s bonifications (Spanish Supreme Court rulings 2018+). We obtain the Grant of Probate, apostille it (Hague Convention), arrange a sworn translation, and file Modelo 650 in Spain with the 99% bonification.
VFT — tourist licence transfer
If the inherited apartment is registered as a Vivienda con Fines Turísticos (short-term rental licence in Andalucía), we transfer the licence to your name with the Junta de Andalucía and update the listings on Airbnb / Booking / Vrbo. Without this, you cannot legally continue the rental.
Worked example — Mijas inheritance
A British couple owns a €600,000 villa in La Cala de Mijas. Husband passes away. Wife (UK resident) and 2 adult children (UK residents) inherit equally:
- Estate value attributable to husband: €300,000 (the half he owned). Each heir inherits €100,000.
- Wife (Group II spouse): €100,000 minus reductions = effectively €0 taxable. Tax: €0.
- Each child (Group II): €100,000 minus kinship reduction (€15,956 + Andalucía adjustment) = approx €85,000 taxable base.
- Tax before bonification: approx €5,400 each.
- After 99% Andalucía bonification: €54 each.
- Plusvalía Mijas: ~€800-€1,800 total.
- Notary, registry, our fees: ~€4,500-€6,000 total.
Total cost on a €600,000 inheritance for a UK family: under €8,000.
Areas of Mijas covered
Mijas Costa: La Cala de Mijas, El Faro, Riviera del Sol, Calahonda, Sitio de Calahonda, Calanova, Las Lagunas (Mijas), El Hipódromo, Calanova Golf.
Mijas Pueblo: historic centre, El Coto, Doña Ermita, Las Olas.
Mijas Sierra: Cerros del Águila, La Alquería, La Mairena, El Chaparral, Cala Golf, Mijas Golf, La Sierrezuela.
Frequently asked questions
I’m a UK resident inheriting a flat in La Cala. Can I claim the 99% bonification?
Yes. Spanish Supreme Court rulings since 2018 confirmed UK residents have the same right to regional bonifications as EU residents. You must claim it expressly when filing Modelo 650. We always file under regional rules for UK clients.
Do I have to fly to Mijas?
No. With power of attorney signed before a notary in your country (apostilled and translated), we handle every step. About 80% of our non-resident clients in Mijas never travel to Spain during the inheritance process.
The villa in Mijas Sierra has an undeclared swimming pool. What happens?
Before registering the inheritance, we file a notarial declaration of new construction by antiquity (declaración de obra nueva por antigüedad) that regularizes the registry situation. If the pool is more than 6 years old (general urban prescription in Andalucía), no sanction applies. We handle this together with the inheritance so the registration is clean.
Can my UK siblings receive their share without a Spanish bank account?
Yes. After liquidating the asset (sale of property, or extinction of joint ownership), funds are transferred to international accounts. For non-residents, we comply with Spanish anti-money-laundering rules (proof of legitimate origin of funds) but the transfer itself is straightforward.
The deceased had both a UK will and a Spanish will. Which one applies?
EU Regulation 650/2012 recognises wills made under any national law. If the Spanish will explicitly chose the law of the deceased’s nationality (professio iuris), that law governs distribution. If both wills exist and don’t conflict, the Spanish will typically governs Spanish assets and the UK will governs UK assets. We review both and identify any conflicts.
Does each heir need a Spanish NIE?
Yes — every heir, resident or not, needs a NIE to pay tax, sign the deed and register property. We obtain the NIE for you through the Foreigners Office in Málaga or Fuengirola in 1-3 weeks with apostilled power of attorney from your country.
Free consultation in English
Call +34 900 525 939 or use our contact form. Office in Fuengirola, 10 min from Mijas Costa. Same-day reply in English. First consultation free, no obligation.