Inheritance lawyer in Fuengirola (our office, Costa del Sol)

Inheritance lawyer in Fuengirola (our office, Costa del Sol)

If you’ve inherited an apartment in Fuengirola — Carvajal, Los Boliches, Torreblanca, El Higuerón, Las Lagunas — and you live in the UK, Ireland, Germany or anywhere abroad, you’re in the right place. Our office is here in Fuengirola, at Avenida Juan Gómez “Juanito” 6, 3rd floor (left), opposite the marina. We’ve been handling Fuengirola inheritances for non-resident families on a daily basis since 2018.

30% of Fuengirola’s registered residents are foreigners. The British community here goes back to the 1980s — many properties have already passed through 2 or 3 generations of inheritance. We’ve seen every variation: UK probate post-Brexit, German Erbschein, Dutch Verklaring van Erfrecht, Swedish dödsbo, Belgian succession declarations.

Why use a Fuengirola-based lawyer for your Fuengirola inheritance

  • Local presence. We attend Fuengirola Town Hall, the local notaries, and the Land Registry №2 of Fuengirola in person. No outsourcing.
  • Andalucía’s Inheritance Tax rules — a reduction of €1,000,000 per heir and a 99 % bonification for the spouse, children and parents (Law 5/2021, arts. 28 and 39) — apply to non-residents wherever they live: EU and EEA residents since Law 26/2014, and UK, US, Canadian or Australian residents since Law 11/2021 (Second Additional Provision of Law 29/1987).
  • Plusvalía Municipal del Ayuntamiento de Fuengirola with dual calculation method (objective vs real). For older apartments in Carvajal or Los Boliches bought 20-30 years ago, the real method usually gives much lower numbers.
  • EU Regulation 650/2012 applied daily for cross-border inheritances.
  • You don’t need to fly to Spain. Power of attorney signed in your country (apostilled and translated) lets us handle every step on your behalf. About 80% of our non-resident clients in Fuengirola never travel during the process.

Visit us at our Fuengirola office

Testamentalia
Avenida Juan Gómez “Juanito”, 6 — 3rd floor (left)
29640 Fuengirola (Málaga), Spain
Tel: +34 900 525 939
Public parking 50m away. Cercanías station (line C-1) 7 min walk. AVE high-speed train at Málaga María Zambrano station 25 min.

Fuengirola inheritance services for non-residents

Acceptance and partition

Last Wills certificate (Spain), Grant of Probate (UK) or equivalent foreign probate. Drafting of partition document with current valuations. Signing the deed before a Fuengirola notary (4 notarial offices in town).

Spanish Inheritance Tax (Modelo 650)

Filed with the State Tax Agency (AEAT) for non-resident heirs, or with the Agencia Tributaria de Andalucía for residents, applying the Andalusian reduction of €1,000,000 per heir and the 99 % bonification for the spouse, descendants and ascendants, plus the 99 % reduction for the deceased’s main home (very relevant in Fuengirola, where many UK residents lived full-time before passing). We act as the representative in Spain that heirs resident outside the EU must appoint (art. 18.4 of the Regulations).

Plusvalía Municipal — Fuengirola Town Hall

Dual calculation method. We calculate both options and pick the lower. 6-month deadline, extendable to 12 months. We handle prórroga requests when documents take time.

UK probate post-Brexit

UK residents apply the Andalusian rules like any other non-resident (Second Additional Provision of Law 29/1987, extended to all third countries by Law 11/2021). Grant of Probate apostille + sworn translation + Modelo 650 with the Andalusian reductions and bonification.

Bank, broker and utility transfers

Notification to CaixaBank, Unicaja, Banco Sabadell, Santander, BBVA, ING — all with branches in Fuengirola. Vehicle transfer at Tráfico if applicable. Utility companies (Endesa, Naturgy, water company) for change of name.

Worked example — Fuengirola inheritance

Mr. Smith, UK resident, owns a €280,000 apartment in Carvajal (Fuengirola). He passes away. His wife (UK resident, age 70) and 2 adult sons (UK residents) inherit equally as Group I/II:

  • Each heir’s share: €280,000 / 3 ≈ €93,300 (household goods left aside).
  • Andalusian kinship reduction for the wife and for each son (Group II): €1,000,000 each, which replaces the state reduction of €15,956.87.
  • Net taxable base per heir: €0. Inheritance Tax: €0 for each of them; the three Modelo 650 returns must still be filed with the AEAT within six months, and a representative in Spain appointed.
  • Plusvalía Fuengirola Town Hall (real method, apartment bought in 1995): ~€600.
  • Notary, Land Registry, our professional fees: ~€4,200 total for the family.

Total cost on a €280,000 inheritance for a UK family: under €5,500. Under the state rules alone each heir would pay about €8,800 (state scale of art. 21.2 of Law 29/1987 on a base of €77,376): some €26,000 in total.

Areas of Fuengirola we cover

Fuengirola centre, Carvajal, Los Boliches, Torreblanca, Las Lagunas, El Higuerón, La Sierrezuela, Pueblo López, El Pinar, Reserva del Higuerón. Plus all Mijas Costa adjacent areas (Cala de Mijas, El Faro, Calahonda) and Benalmádena Costa.

Frequently asked questions

How long does a Fuengirola inheritance take for a UK family?

Typically 4-6 months from start to land registry, assuming Grant of Probate is in hand. If Grant of Probate isn’t issued yet, add 2-4 months for the UK phase. We can prepare all the Spanish-side documentation in parallel to save time.

Can I sell the inherited apartment without travelling to Spain?

Yes. With power of attorney we can sell on your behalf — both the inheritance acceptance and the subsequent sale to the buyer. Many of our clients inherit and sell within 6-9 months without ever visiting Spain.

Do I have to come to Fuengirola for the first consultation?

No. The first consultation is free and by video call (Zoom, Teams, Google Meet) or phone. Only if you’re already in Spain we welcome you to our office in person.

What documents do I need to send for the first consultation?

1) Death certificate (apostilled if foreign), 2) any will the deceased made (UK, Spanish or both), 3) copy of your passport, 4) details of Spanish assets you know of (deeds of the property, IBI tax bills, bank account numbers). With these we provide a fixed-fee quote.

Do all heirs need a Spanish NIE?

Yes. Every foreign heir, resident or not, needs a NIE to pay tax, sign the deed and register the property. We obtain NIEs through the Foreigners Office in Málaga or Fuengirola in 1-3 weeks via apostilled power of attorney from your country.

The apartment is in a community of owners — am I responsible for unpaid quotes?

As heir you succeed to the deceased’s debts, and the apartment itself answers for the community fees of the year of acquisition and the three previous years (art. 9.1.e of the Horizontal Property Act). We obtain a certificate of debts from the community administrator before the inheritance is registered, regularize any pending fees, and ensure the registration is clean.

Free consultation in English at our Fuengirola office

Call +34 900 525 939 or visit our office during opening hours (Mon-Fri 9:00-19:00). First consultation free, no obligation. Same-day reply in English.

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