Spanish will in Marbella: estate planning for premium estates

Marbella has one of Spain’s highest concentrations of high-net-worth international residents. Villa in Sierra Blanca, apartment in Puerto Banús, family holding company, heirs spread across UK, USA and Switzerland, second or third marriages with stepchildren — these are normal in Marbella, and they require Spanish wills drafted with real estate planning in mind, not just a template.

Our office is in Fuengirola, 25 minutes by AP-7 to Marbella. We coordinate the notary signing at any notary’s office in Marbella, San Pedro or Nueva Andalucía. Full discretion for high-profile clients. Service in English, French and Spanish.

Typical scenarios we handle in Marbella

Family villa in Nueva Andalucía or Sierra Blanca

Main asset: villa worth €1.5-5M + Spanish bank accounts + possibly a patrimonial Spanish SL owning the villa. Adult children residing in multiple countries. We draft a Spanish will with:

• Professio iuris (EU 650/2012) choosing your national law (English, German, Swedish, etc.).
• Strategic distribution: usufruct for the surviving spouse, remainder for children.
• Substitution clauses for pre-deceased heirs.
• Optional: family protocol for the SL if the villa is corporately owned.

Quote on request.

Investment apartment in Puerto Banús

Foreign resident with apartment used part for rental, part for personal use. We draft a Spanish will covering only the Spanish assets, with professio iuris and clear distribution among beneficiaries. Fee quoted on request.

Family business / Spanish SL holding

Entrepreneur with operating Spanish SL or patrimonial holding. Will is accompanied by:

• Family protocol and shareholders’ agreement for the SL (who takes the shares, pre-emption rights among family shareholders). The Spanish Civil Code does not allow binding agreements over a future inheritance (art. 1271), so the planning is done through the will, the company’s articles and lifetime arrangements — unless your national law, if chosen, admits succession agreements (art. 25 of the Regulation).
• Strategy to apply the family-business reduction on Spanish Inheritance Tax (95 % under the state rules, 99 % in Andalucía), which requires a real economic activity.
• Lifetime gift planning with usufruct reservation if applicable.

Integrated service, tailored quote.

Second/third marriages with children from multiple unions

Frequent situation in Marbella. Without a properly drafted will, the conflict between the current spouse and previous children is virtually guaranteed at the moment of death. We draft mutual protection clauses, reserves and substitutions. Quote on request.

Areas of Marbella we cover

Marbella West / Golf Valley: Nueva Andalucía, Puerto Banús, Aloha, Los Naranjos Country Club, La Quinta, Las Brisas, El Paraíso, La Quinta Golf.

Sierra Blanca: Sierra Blanca proper, La Concha, Cascada de Camoján.

Marbella East: Los Monteros, Bahía de Marbella, Río Real, Marbesa, Las Chapas, Cabopino, Elviria.

San Pedro de Alcántara: Guadalmina, Linda Vista, Cortijo Blanco, El Pilar, Nueva Alcántara.

Why a Spanish will is critical for Marbella owners

If you own a villa worth €1-5M in Marbella and you only have a UK/German/Dutch will, your heirs face:

• 4-8 months minimum delay to apostille, translate (sworn), and have the foreign will interpreted by a Spanish notary, before the property can be registered to their name.
• €3,000-€8,000 in extra fees for translation, apostille, interpretation, multiple notarial visits — all paid from your estate.
• Spanish Inheritance Tax filing deadline is 6 months from death (extendable to 12 if the extension is requested within the first five months). If your heirs cannot start the process for months because of the foreign probate, they risk late-filing surcharges.
• Mortgages on Spanish properties do not disappear: the instalments keep falling due while the estate is sorted out, and the bank will not deal with the heirs until the inheritance deed is signed. Delays put financing at risk.

A Spanish will, for a one-off fee quoted on request, avoids all of the above. It’s the single highest ROI legal action you can take for your Spanish patrimony.

Frequently asked questions

I have a substantial estate and want maximum confidentiality. How does that work?

We apply enhanced confidentiality protocol: encrypted communications, no mention of your case in marketing or testimonials, single dedicated lawyer (not a team), optional notary meeting at a discreet office outside regular hours. No additional fee for premium clients.

My villa is owned through a Spanish SL. How does the will work?

The will disposes of the SHARES of the SL, not the villa directly (the villa belongs to the company). This has advantages: easier to split shares among 3 heirs than to split a villa; the family-business reduction on Spanish Inheritance Tax (95 % under the state rules, 99 % in Andalucía) may apply to the shares, but only if the company carries on a real economic activity — a purely patrimonial company that just holds the family villa does not qualify (art. 20.2.c of Law 29/1987, by reference to art. 4.Eight of the Wealth Tax Act); cleaner corporate continuity. But it requires a family protocol for governance after your death. We integrate the will + protocol drafting in one engagement.

Can my Spanish will be in English?

Yes, in both languages: when you express your wishes in a language the notary does not know, an interpreter chosen by you takes part and the will is written in English and Spanish, stating which language you used (art. 684 of the Civil Code); many notaries on the Costa del Sol speak English and issue the will in two columns. We draft in Spanish with a full English translation for your review, and a sworn translator can act as interpreter at the signing (fee: €80-150, optional).

I’m a US citizen resident in Marbella. Can I choose US (state) law for my succession?

Yes. EU Regulation 650/2012 lets you choose the law of your nationality, EU or not (art. 22). For a country with several legal systems, the Regulation applies the law of the state with which you have the closest connection (art. 36), so the will should record that connection — California or New York, for example — rather than simply “US law”. We coordinate with US estate planners if your situation involves US assets and trusts too.

Free consultation in English

Call +34 900 525 939 · Contact form. Office in Fuengirola, 25 min from Marbella. Full discretion for premium clients. Same-day reply in English.

Need to handle an existing inheritance in Marbella? Go to our inheritance service →