Spanish will in Marbella: estate planning for premium estates

Spanish will in Marbella: estate planning for premium estates

Marbella has Spain’s highest concentration of high-net-worth international residents. Villa in Sierra Blanca, apartment in Puerto Banús, family holding company, heirs spread across UK, USA and Switzerland, second or third marriages with stepchildren — these are normal in Marbella, and they require Spanish wills drafted with real estate planning in mind, not just a template.

Our office is in Fuengirola, 25 minutes by AP-7 to Marbella. We coordinate the notary signing at any of the 12 notaries in Marbella, San Pedro or Nueva Andalucía. Full discretion for high-profile clients. Service in English, French and Spanish.

Typical scenarios we handle in Marbella

Family villa in Nueva Andalucía or Sierra Blanca

Main asset: villa worth €1.5-5M + Spanish bank accounts + possibly a patrimonial Spanish SL owning the villa. Adult children residing in multiple countries. We draft a Spanish will with:

  • Professio iuris (EU 650/2012) choosing your national law (English, German, Swedish, etc.).
  • Strategic distribution: usufruct for the surviving spouse, remainder for children.
  • Substitution clauses for pre-deceased heirs.
  • Optional: family protocol for the SL if the villa is corporately owned.

From €1,200.

Investment apartment in Puerto Banús

Foreign resident with apartment used part for rental, part for personal use. We draft a Spanish will covering only the Spanish assets, with professio iuris and clear distribution among beneficiaries. €720 fixed fee.

Family business / Spanish SL holding

Entrepreneur with operating Spanish SL or patrimonial holding. Will is accompanied by:

  • Inheritance succession pact or family protocol of the SL (who inherits the shares, right of first refusal between family shareholders).
  • Strategy to apply the 95% family business reduction on Spanish Inheritance Tax.
  • Lifetime gift planning with usufruct reservation if applicable.

Integrated service from €2,000, tailored quote.

Second/third marriages with children from multiple unions

Frequent situation in Marbella. Without a properly drafted will, the conflict between the current spouse and previous children is virtually guaranteed at the moment of death. We draft mutual protection clauses, reserves and substitutions. From €800.

Areas of Marbella we cover

Marbella West / Golf Valley: Nueva Andalucía, Puerto Banús, Aloha, Los Naranjos Country Club, La Quinta, Las Brisas, El Paraíso, La Quinta Golf.

Sierra Blanca: Sierra Blanca proper, La Concha, Cascada de Camoján.

Marbella East: Los Monteros, Bahía de Marbella, Río Real, Marbesa, Las Chapas, Cabopino, Elviria.

San Pedro de Alcántara: Guadalmina, Linda Vista, Cortijo Blanco, El Pilar, Nueva Alcántara.

Why a Spanish will is critical for Marbella owners

If you own a villa worth €1-5M in Marbella and you only have a UK/German/Dutch will, your heirs face:

  • 4-8 months minimum delay to apostille, translate (sworn), and have the foreign will interpreted by a Spanish notary, before the property can be registered to their name.
  • €3,000-€8,000 in extra fees for translation, apostille, interpretation, multiple notarial visits — all paid from your estate.
  • Spanish Inheritance Tax filing deadline is 6 months from death (extendable to 12). If your heirs can’t even start the process for 6 months because of the will translation, they risk fines.
  • Mortgages on Spanish properties often have clauses requiring acceleration on death unless the estate is regularised promptly. Delays put financing at risk.

A Spanish will costing €720-€1,200 one-off avoids all of the above. It’s the single highest ROI legal action you can take for your Spanish patrimony.

Frequently asked questions

I have a substantial estate and want maximum confidentiality. How does that work?

We apply enhanced confidentiality protocol: encrypted communications, no mention of your case in marketing or testimonials, single dedicated lawyer (not a team), optional notary meeting at a discreet office outside regular hours. No additional fee for premium clients.

My villa is owned through a Spanish SL. How does the will work?

The will disposes of the SHARES of the SL, not the villa directly (the villa belongs to the company). This has advantages: easier to split shares among 3 heirs than to split a villa; the 95% family business reduction on Spanish Inheritance Tax may apply to shares if requirements are met; cleaner corporate continuity. But it requires a family protocol for governance after your death. We integrate the will + protocol drafting in one engagement.

Can my Spanish will be in English?

The Spanish notary requires the will be authorised in Spanish (it’s the legal language). We draft in Spanish with full English translation for your review. At the notary appointment, an official sworn translator can be present to read the will in English before you sign — that gives you full understanding of what you’re authorising. Sworn translator fee: €80-150, optional.

I’m a US citizen resident in Marbella. Can I choose US (state) law for my succession?

Yes. EU Regulation 650/2012 allows professio iuris for any national law, including non-EU. You’d choose, for example, “the law of the State of California” or “the law of the State of New York” depending on your domicile of origin. We coordinate with US estate planners if your situation involves US assets and trusts too.

Free consultation in English

Call +34 900 525 939 · Contact form. Office in Fuengirola, 25 min from Marbella. Full discretion for premium clients. Same-day reply in English.

Need to handle an existing inheritance in Marbella? Go to our inheritance service →