Best Private Client Lawyers in Marbella

About Private Client Law in Marbella, Spain

Private client law in Marbella covers a broad range of legal services aimed at individuals and families, especially those needing assistance with wealth management, property matters, estate planning, tax issues, and international legal requirements. Marbella, with its large expat community and international residents, often sees clients with complex cross-border situations. Private client lawyers in the area are skilled at providing bespoke advice for residents and non-residents alike, ensuring their assets, family affairs, and estate plans comply with Spanish regulations and reflect their wishes.

Why You May Need a Lawyer

Many individuals and families in Marbella seek private client legal advice due to the region’s unique blend of locals and expatriates, each with specific legal considerations. Common situations where you may need a lawyer include:

• Buying or selling residential or investment property
• Drafting or updating a Spanish will
• Inheritance and estate planning, especially with international assets
• Tax planning for residents and non-residents
• Setting up trusts or managing wealth across jurisdictions
• Addressing family law matters, such as marriage, divorce, or child arrangements involving Spanish law
• Power of attorney arrangements for property, health, or financial matters

Navigating these issues in Spain’s legal system, which may differ from your home country’s framework, often requires professional guidance to avoid costly mistakes.

Local Laws Overview

Spanish private client law includes regulations surrounding property ownership, succession and inheritance, resident and non-resident taxation, and family law. In Marbella, it is common for property and assets to be held by non-Spanish nationals, which introduces layers of complexity regarding double-taxation treaties, forced heirship rules (where certain relatives must inherit a set share of the estate), and probate requirements.

Key local laws to be aware of:

• Property Law: Non-residents can own property, but must comply with Spanish registration and tax requirements.
• Inheritance Rules: Spain enforces forced heirship, but EU Regulation 650/2012 lets you choose which country’s law applies to your estate if you are an expat from another EU nation.
• Taxation: Residents and non-residents face different income, wealth, and inheritance tax rates and allowances.
• Wills: Having a Spanish will simplifies estate administration. Foreign wills are valid if certain criteria are met.
• Family Law: Marriage, divorce, and child custody may be governed by Spanish or foreign law, depending on circumstances.

Frequently Asked Questions

What is forced heirship in Spain?

Forced heirship means that a portion of your estate must go to certain relatives such as children or spouse. In Spain, two-thirds of your estate may be reserved for heirs, but there are exceptions for foreign nationals.

Can non-residents buy property in Marbella?

Yes, non-residents can freely purchase property in Marbella. However, there are specific legal and tax considerations, so professional legal advice is essential to avoid complications.

Do I need a Spanish will if I own property in Spain?

While it is not compulsory, having a Spanish will can streamline the inheritance process and avoid delays or disputes after your death. It should not conflict with any will you hold in your home country.

How does Spanish inheritance tax work?

Inheritance tax is paid by beneficiaries in Spain, and the amount depends on the relationship to the deceased, the value of the inheritance, and the beneficiary’s residency status. Rates and allowances vary between Spain’s autonomous communities, including Andalusia where Marbella is located.

Can I choose which law applies to my estate as an EU citizen in Marbella?

Yes. Under EU Regulation 650/2012, EU citizens can elect in their will for the law of their country of nationality to govern their estate in Spain, which can help avoid forced heirship if desired.

How can I protect my estate from unnecessary taxes?

Careful planning, including the use of wills, trusts, and correct structuring of property ownership, is key. Consulting with a specialist familiar with international and Spanish tax law is recommended.

What documents are needed to buy property in Marbella?

You will typically need a Spanish tax identification number (NIE), passport, proof of funds, and any mortgage paperwork. A lawyer can handle due diligence and draft or review the purchase contract.

Is it possible to set up a trust in Spain?

Spain does not recognize trusts in the same way as common law jurisdictions. However, assets can sometimes be managed through foreign trusts or alternative structures. Seek specialist legal advice for cross-border solutions.

Can a foreign divorce decree be recognized in Spain?

European Union divorce decrees are generally recognized, but additional procedures may be needed for non-EU decrees. Legal assistance ensures proper registration and enforcement.

How do I appoint a power of attorney in Spain?

A power of attorney (poder notarial) must be granted in front of a Spanish notary or legalized via an apostille if executed abroad. This allows someone to handle legal or financial matters on your behalf.

Additional Resources

For further guidance or assistance, the following resources can be helpful:

• Marbella Town Hall (Ayuntamiento de Marbella) - Local information for residents and property owners.
• Spanish Ministry of Justice (Ministerio de Justicia) - Information on wills, successions, and legal documents.
• Notary Public Offices in Marbella - Assistance with property purchases, wills, and powers of attorney.
• Consular Services - Support for expatriates and non-residents from their home country’s embassy or consulate.
• General Council of Spanish Lawyers (Consejo General de la Abogacía Española) - Register of qualified lawyers.

Next Steps

If you think you need legal assistance in any private client matter in Marbella, consider the following steps:

• Define your specific legal need, such as real estate, inheritance, tax planning, or family law.
• Gather all relevant documents, such as identification, property deeds, wills, or financial statements.
• Research and select a reputable private client lawyer or law firm in Marbella, ideally one with international expertise relevant to your personal situation.
• Book an initial consultation to discuss your needs, ensure you understand the potential costs, and clarify the legal path ahead.
• Remain proactive in supplying requested information and following up on any paperwork or legal formalities as advised by your legal representative.

Approaching your situation in an informed and organized manner will help you achieve the best results, protect your assets, and provide peace of mind for you and your family.