Spanish Wills & Inheritance in Cabo Roig

If you own property in Spain and you have not made a Spanish will, you are leaving your family with a problem that is far more complex and expensive than most people realise. Spanish inheritance law operates under a forced heirship system that is fundamentally different from the UK model, and without proper planning, your assets in Cabo Roig could be distributed in ways you never intended. I have been advising expats on this subject since 2018, and it remains one of the most overlooked areas of financial planning among the British community here.

Why You Need a Spanish Will

A common misconception among property owners in Cabo Roig is that their English will covers their Spanish assets. While it is technically possible for a UK will to be applied in Spain, the process of having it recognised, translated, apostilled, and executed through the Spanish system is slow and expensive. Probate involving a foreign will can take 12 to 24 months and cost several thousand euros in legal and administrative fees. A properly drafted Spanish will, by contrast, covers only your Spanish assets and can typically be executed within two to four months.

The cost of preparing a Spanish will through Costa Blanca Habitat is EUR 250 to EUR 400 per person, or EUR 400 to EUR 650 for a couple with mirror wills. This includes a consultation to discuss your wishes, drafting of the will in both Spanish and English, and signing before a notary in the Cabo Roig area. The notary fee itself is approximately EUR 50 to EUR 80. Once signed, the will is registered with the Central Registry of Wills (Registro General de Actos de Última Voluntad) in Madrid, which ensures it can be located after your death.

Inheritance Tax in the Valencia Region

Inheritance tax (Impuesto sobre Sucesiones y Donaciones) in the Valencian Community has been significantly reduced for close family members in recent years. Spouses, children, and parents currently benefit from a 99% reduction on the tax, meaning the effective rate for direct heirs is minimal. However, this relief applies only if the heir is tax resident in the Valencia region. Non-resident heirs, such as children living in the UK, are taxed under national rules and may face a higher liability.

For a property in Cabo Roig valued at EUR 250,000, a non-resident child inheriting without the regional reduction could face an inheritance tax bill of EUR 15,000 to EUR 30,000 depending on other factors such as pre-existing wealth and the number of heirs. Proper structuring of your will, combined with advice on usufruct arrangements and the acceptance of inheritance within the required six-month window, can significantly reduce this burden.

The Forced Heirship Question

Under EU Succession Regulation 650/2012, British nationals who are habitually resident in Spain are subject to Spanish forced heirship rules unless they have made a specific declaration in their will choosing UK law to govern their succession. This is known as the professio juris. Without this declaration, Spanish law reserves two-thirds of your estate for your children and surviving spouse in fixed proportions, regardless of your personal wishes.

In Cabo Roig, where many homeowners near Cabo Roig Marina and Cala Capitán beach are retired British couples with adult children in the UK, this issue is particularly relevant. If you want your spouse to inherit your Spanish property outright, without being forced to share it with your children immediately, you must include the correct legal clauses in your will. We draft every will with these considerations in mind, and we review existing wills for clients who are unsure whether their current documentation is adequate.

Protecting Your Family with Costa Blanca Habitat

Inheritance planning is not a comfortable subject, but ignoring it creates real hardship for the people you care about most. In Cabo Roig, where 80% of residents are foreign nationals with assets in multiple countries, the need for proper cross-border estate planning is acute. Contact Costa Blanca Habitat today to arrange a confidential inheritance planning consultation and ensure your wishes are clearly documented and legally enforceable.