How James and Sarah from Surrey Inherited Their Motheru2019s Villa in Moraira
Expert guidance on british couple inherited villa from Tomas Ballestero Lawyers — with over 20 years of experience helping foreign nationals navigate the Spanish legal system from our office in Jávea, Costa Blanca.
When Margaret passed away in early 2025, her two children u2014 James (52) and Sarah (48) u2014 found themselves facing a daunting task. Their mother had owned a beautiful three-bedroom villa overlooking the bay of El Portet in Moraira for over 15 years. The property was valued at approximately u20ac450,000.
Neither James nor Sarah lived in Spain. James worked in London and Sarah in Bristol. They had no idea where to begin with the Spanish legal system, and the six-month deadline to pay inheritance tax was ticking.
The Challenge: Navigating Two Legal Systems
The first complication was that Margaret had not made a Spanish will. She had a UK will that mentioned u201call my worldwide assets,u201d but this needed to be validated in Spain through a complex process. Additionally, there was an outstanding community fee debt of u20ac3,200 on the property that needed to be resolved before the inheritance could proceed.
James and Sarah initially contacted a solicitor in the UK who quoted them u20ac8,000 for the Spanish side alone, and estimated 12-18 months for the process. That is when they found Tomas Ballestero Lawyers through an online search for inheritance lawyers in Moraira.
The Solution: A Structured Approach
Our team took a systematic approach:
Month 1: We obtained Margaretu2019s death certificate, applied for the Spanish u201ccertificado de u00faltimas voluntadesu201d (certificate of last wills) from the Ministry of Justice, and began the process of validating the UK will in Spain.
Month 2: We obtained a Nota Simple from the Registro de la Propiedad de Benissa (which covers Moraira) to confirm the property details, checked for any debts or charges, and negotiated with the community of owners to settle the outstanding fees.
Month 3: We prepared the Spanish inheritance acceptance deed (escritura de aceptaciu00f3n de herencia), calculated the inheritance tax with all applicable Valencian reductions, and applied for NIE numbers for both James and Sarah.
Month 4: The inheritance deed was signed at the notary. James attended in person; Sarah granted a power of attorney (poder notarial) from the UK, which was apostilled and translated. The property was registered in both names at the Benissa Land Registry.
The Tax Savings: u20ac35,000
This is where expert legal advice made the biggest difference. Initially, James and Sarah assumed they would each pay around u20ac22,000 in inheritance tax (roughly u20ac44,000 total). However, we were able to apply:
The Valencian Community 99% reduction for Group II heirs (children), which reduced the tax base dramatically. The habitual residence reduction of 95% (up to u20ac150,000) because Margaret had been a permanent resident. And the pre-existing wealth multiplier at the minimum rate because neither heir had significant Spanish assets.
The final tax bill came to approximately u20ac4,200 per heir u2014 less than u20ac9,000 total, compared to the u20ac44,000 they had expected. A saving of u20ac35,000.
The Outcome
James decided to keep the villa for holidays, while Sarah received compensation from James for her half. The entire process took just over four months. Both siblings were relieved that they never had to appear in a Spanish court, and that most of the process was handled remotely.
Key Lessons from This Case
Make a Spanish will. If Margaret had made a separate Spanish will, the process would have been faster and cheaper. We always recommend making a Spanish will if you own property in Spain, even if you already have a will in your home country.
Act quickly. The six-month deadline for paying inheritance tax in Spain is strict. After that, surcharges and interest apply. James and Sarah contacted us within two weeks of Margaretu2019s death, which gave us enough time to handle everything properly.
Use a local lawyer. Having a lawyer based near the property u2014 who knows the Registro de la Propiedad de Benissa, the local notaries, and the regional tax rules u2014 saves time and money.
Post-Brexit matters. Since Brexit, EU succession regulations no longer apply automatically to British citizens. This makes professional legal advice even more important for British property owners in Spain.
Frequently Asked Questions
Can British citizens still inherit property in Spain after Brexit?
Yes. Brexit did not change inheritance rights in Spain. British citizens can still inherit Spanish property. However, EU succession regulations (Brussels IV) no longer apply automatically to UK nationals, so it is even more important to have proper legal representation.
How much inheritance tax do British citizens pay in Valencia?
Since 2017, the Valencian Community applies a 99% reduction on inheritance tax for direct descendants and spouses on the first u20ac100,000, plus additional allowances. The exact amount depends on the property value, relationship to the deceased, and pre-existing wealth of the heir.
How long does the inheritance process take in Spain?
A straightforward inheritance typically takes 4-8 months from death to property transfer. Complex cases involving multiple heirs, missing documents, or cross-border issues can take 12-18 months.
Need Help With an Inheritance in Moraira or Costa Blanca?
Our office in Ju00e1vea is just 20 minutes from Moraira. We handle inheritance cases for British, Dutch, French, Belgian, and German families across the Costa Blanca. Contact us at +34 607 320 768 for a confidential consultation.
English-Speaking Lawyers in Moraira | Inheritance Tax Guide: Moraira | Lawyers in Jávea, Costa Blanca
Property Conveyancing Services | Inheritance Tax Calculator | Contact Us
Related Services & Guides
English-Speaking Lawyers in Moraira | Inheritance Tax Guide: Moraira | Lawyers in Jávea, Costa Blanca
Property Conveyancing Services | Inheritance Tax Calculator | Contact Us
Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Names and details have been changed to protect client privacy. Every inheritance or property case is unique. We strongly recommend consulting a qualified lawyer. Tomas Ballestero Lawyers accepts no responsibility for actions taken based on this content.
For expert legal guidance, contact our property and tax lawyers. We assist international clients across Javea, Moraira, Denia and the Costa Blanca with English and French-speaking solicitors.
Besoin d’aide pour une succession en Espagne ? Contactez nos Inheritance & Wills Lawyers pour une assistance juridique experte sur la Costa Blanca.
