Inheritance in Marbella

Estates in Marbella often include a villa or apartment of high value, sometimes more than one, together with Spanish bank accounts and, in older cases, a company that owns the property. The heirs are usually spread over several countries. The process follows inheritance in Spain, with the Andalusian tax and a few points that come up again and again on this part of the coast. The page offers general information; every estate calls for its own legal review.

How it usually works in Marbella

The heirs check the national register of wills, then a notary prepares the deed of acceptance on the basis of the Spanish will, a legalised foreign will or a declaration of heirs. Each heir obtains an NIE. The inheritance tax return is filed with the Andalusian tax agency, the municipal plusvalía is settled with Marbella town hall, and the villa or apartment is registered in the heirs' names.

What to watch for in Marbella

• Property held by a company. If a Spanish or foreign company owns the villa, the heirs inherit shares, not the house. The company's own law and accounts then matter as much as Spanish law.
• Planning status. Some Marbella homes were built under licences later found irregular. Heirs who plan to sell check the status early, as buyers will ask.
• Andalusian tax. Close family members get a large relief in Andalusia; more distant heirs and friends pay more. On a valuable estate the value declared for each home is examined closely.
• The governing law. Under the EU succession rules the law of the deceased's last habitual residence usually applies, unless the will chose the law of nationality. For families split between several countries, this decides who inherits.

How an English-speaking lawyer helps

The lawyer coordinates with advisers in the heirs' home countries, explains the Spanish deed and tax in English, and can sign for heirs abroad under a power of attorney. Where an heir disputes the will, see contest a will; heirs who keep a valuable home may also look at wealth tax. The page for Marbella lists every lawyer who serves the town and its surroundings.

Questions and answers

How is a villa in Marbella inherited by children who live abroad?

Through a deed of acceptance before a Spanish notary, which a lawyer can sign for them, followed by the Andalusian tax return and registration.

What if the Marbella villa belongs to an offshore company?

The heirs inherit the company's shares under the rules of the company's country, and Spanish tax rules on such companies may also apply.

Can the heirs sell a Marbella property before the inheritance is finished?

Usually not. The inheritance deed and the tax come first, then the sale.