Wills & Inheritance Lawyer in Moraira
Expert Estate Planning, Will Drafting & Probate Services for Canadian Citizens
Why Canadian Citizens Need a Wills & Inheritance Lawyer in Moraira
As a Canadian citizen owning property or assets in Spain, having a valid Spanish will is essential to protect your estate. Without one, your Moraira assets could be subject to lengthy succession proceedings under Canada law, potentially conflicting with Spanish inheritance regulations. Spanish and Canada inheritance laws differ significantly, and under EU Succession Regulation 650/2012, you may choose to apply Canada law to your estate — but this election must be explicitly stated in your will.
When the time comes to administer an estate, inheriting property in Moraira involves obtaining a Spanish death certificate, a certificate of last wills from the Central Registry in Madrid, paying Spanish inheritance tax within six months, and executing the inheritance deed before a notary. Our specialist lawyers in Moraira handle both sides — planning your estate now and guiding your heirs through probate later — ensuring compliance with both Spanish and Canada law while maximising relief under the Canada-Spain Tax Convention.
Our Wills & Inheritance Services for Canadian Citizens in Moraira
Spanish Will Drafting
We draft your Spanish will (testamento) covering all your assets in Moraira and throughout Spain. As a Canadian citizen, your will is prepared bilingually, registered with the Central Registry of Last Wills, and executed before a Spanish notary. We ensure full compliance with both Spanish and Canada legal requirements and coordinate with your Canada will to avoid conflicts.
Cross-Border Estate Planning
Coordinating your Spanish will with your Canada will requires careful planning to avoid unintended revocations. We work alongside your Canada solicitors to ensure both wills complement each other with appropriate jurisdiction clauses. We advise on the EU Succession Regulation and whether applying Canada law benefits your beneficiaries, considering forced heirship rules and testamentary freedom.
Probate & Succession
We manage the complete Spanish probate process for Canadian heirs inheriting in Moraira. This includes obtaining the death certificate, requesting the certificate of last wills from Madrid, locating and interpreting the Spanish will, and coordinating with Canada executors. We handle all documentation and apostille requirements so your family can focus on what matters.
Inheritance Tax Planning
Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones) must be paid within six months of death. As a Canadian citizen, you are entitled to Valencian Community regional allowances and the Canada-Spain Tax Convention may provide relief from double taxation. We calculate liability, apply all available deductions, and optimise the overall tax position for both will planning and estate administration.
Inherited Property Transfer
Transferring inherited property in Moraira requires executing the deed of inheritance acceptance before a notary, followed by Land Registry registration. We handle Plusvalia municipal tax, update utility contracts, change Catastro records, and transfer IBI property tax to the new Canadian owners. The entire process can be managed via power of attorney if heirs cannot travel to Spain.
Power of Attorney & Living Wills
We prepare lasting powers of attorney (poder notarial) allowing a trusted person to manage your Moraira affairs if you become incapacitated. We also draft living wills (testamento vital) registered with the Valencian Community health authorities. These documents work alongside your Spanish will to provide comprehensive legal protection for Canadian citizens with assets in Spain.
Making Your Spanish Will in Moraira
Consultation
We review your assets in Moraira and Canada, your family situation, and how Spanish and Canada succession law affects your estate.
Drafting
We prepare your bilingual Spanish will incorporating your instructions, applicable law election under EU Regulation 650/2012, and coordination with your Canada will.
Notary & Registration
We accompany you to the notary in Moraira for formal execution, then register your will with the Central Registry of Last Wills in Madrid.
The Spanish Inheritance Process for Canadian Heirs
Documents
Obtain death certificate, certificate of last wills, and locate the Spanish will. Arrange apostilles for Canada documents.
Inventory
Compile a complete inventory of Spanish assets in Moraira including property valuations, bank accounts, and verify any debts or charges.
Tax & Notary
Calculate and file inheritance tax with Valencian tax office. Execute the deed of inheritance acceptance before a notary in Moraira.
Registration
Register inheritance deed at Land Registry. Handle Plusvalia tax, update Catastro, transfer utilities and IBI to Canadian heirs.
Frequently Asked Questions
Do I need a separate Spanish will if I already have one in Canada?
Yes, it is strongly recommended. A separate Spanish will covering exclusively your Spanish assets in Moraira (Teulada-Moraira) dramatically simplifies and accelerates the inheritance process for your beneficiaries. Without a Spanish will, your heirs must obtain a grant of probate or equivalent from Canada, have it apostilled, officially translated into Spanish, and then navigate the Spanish succession process, which can take 12-18 months and cost significantly more. A properly drafted Spanish will, registered with the Central Registry of Last Wills in Madrid, allows your heirs to act within weeks. Our lawyers in Moraira draft the will in both English and Spanish, ensuring it complements rather than revokes your existing Canada will.
Do I need to travel to Moraira to accept an inheritance?
No. As a Canadian citizen, you can grant a power of attorney from Canada allowing our lawyers in Moraira to handle the entire inheritance process on your behalf. This includes gathering required documentation, signing the inheritance acceptance deed at the notary, paying inheritance tax, and registering the property transfer at the Land Registry. The power of attorney can be arranged at the Spanish Consulate in Canada or through an apostilled document from a Canada notary. Many of our Canadian clients complete the entire inheritance process without leaving Canada.
Will I pay inheritance tax in both Spain and Canada?
The Canada-Spain Tax Convention provides mechanisms to avoid double taxation. Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones) applies to assets located in Spain, including your property in Moraira. The rates in the Valencia region range from 7.65% to 34%, with allowances depending on the relationship between the deceased and the beneficiary. Group I and II beneficiaries (spouses, children, parents) receive a reduction of up to 100,000 euros. Our lawyers coordinate with tax advisors in both Spain and Canada to ensure you benefit from all available reliefs under the Canada-Spain Tax Convention and minimise your overall tax liability.
Can I leave my Moraira property to anyone I choose?
Under EU Succession Regulation 650/2012, as a Canadian citizen you may elect to apply Canada law to the succession of your Spanish assets, potentially giving you greater freedom of testamentary disposition than Spanish law allows. Without this election, Spanish forced heirship rules (legitima) apply, reserving two-thirds of your estate for your children and surviving spouse. Our lawyers in Moraira ensure your Spanish will includes the appropriate choice-of-law clause referencing Canada law if that is your preference, and we explain the practical implications of each option so you can make an informed decision.
What happens if a Canadian citizen dies without a Spanish will?
If you own property in Moraira and die without a Spanish will (intestate), the consequences for your heirs are significant. They must first obtain a declaration of heirs or equivalent from Canada, have it apostilled and translated, then navigate the full Spanish intestate succession process. This typically takes 12 to 24 months and involves considerably higher legal costs. During this time, the property cannot be sold or transferred, any mortgage payments must continue, and community fees and taxes keep accruing. Spanish intestacy rules or Canada intestacy rules (depending on applicable law) determine who inherits, which may not reflect your wishes. Creating a Spanish will with our firm is a straightforward process that protects your family from this situation.
How long does the inheritance process take in Moraira?
With a valid Spanish will in place, the inheritance process for a Canadian citizen typically takes 3 to 6 months from the date of death. The key steps are: obtaining the death certificate (1-2 weeks), requesting the Certificate of Last Wills from Madrid (15 working days after death registration), gathering property documentation from Moraira Land Registry and catastro, signing the inheritance acceptance deed at the notary, paying inheritance tax within 6 months of death (extendable by a further 6 months if requested within the first 5 months), and registering the property transfer. Without a Spanish will, the process typically takes 12 to 24 months. Our team in Moraira manages every step to ensure compliance with all deadlines.
What documents do Canadian citizens need to make a Spanish will?
To prepare your Spanish will at our office in Jávea, you need: your valid passport, your NIE (foreigner identification number, which we can arrange if you do not yet have one), details of your Spanish assets (property deed reference, bank accounts), and the full names and passport or ID numbers of your chosen beneficiaries. If you wish to apply Canada law to your succession, we include the appropriate clause. The will is drafted in both English and Spanish, reviewed with you, and then signed before a Spanish notary in or near Moraira. The entire process from instruction to signed will typically takes 5 to 10 working days. The notary automatically registers the will with the Central Registry in Madrid.
Protect Your Estate in Moraira
Contact our specialist wills and inheritance lawyers for expert guidance on Spanish estate planning and probate matters for Canadian citizens.
Contact Our Legal Team
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