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TOMAS  BALLESTERO LAWYERS
Office in Javea, serves Moraira, Spain

Founded in 1992
5 people in their team
English
French
Spanish
Tomas Ballestero Lawyers is a fully bilingual English and French law firm with its main office in Jávea (Xàbia), on the Costa Blanca. The firm was founded in Valencia in 1992 — where we still keep an office — and opened the Jávea office in 2003. We also work with a collaborating office in...
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When estate planning in Moraira needs Spanish legal advice

Moraira is part of the municipality of Teulada, in Alicante province, within the Valencian Community. Estate planning here commonly involves Spanish wills, inheritance procedures and tax, particularly for people who own a home in Moraira or live in Spain while holding assets abroad.

The law governing an international estate is not always determined by where a property is located. A lawyer can assess habitual residence, nationality, family circumstances and any existing wills to identify the relevant succession rules and coordinate Spanish and overseas advice.

A Spanish notary prepares or authorises many important documents, including public wills and inheritance deeds. A lawyer can advise on the legal and tax consequences, organise documents and help heirs deal with the notary, tax filings and property registration.

Situations where a local inheritance lawyer can help

  • You own a Moraira home but live abroad, and need to coordinate a Spanish will with a will made in another country.

  • You are an heir to a property in Teulada-Moraira and need to establish which succession rules apply, obtain required documents and complete the inheritance formalities.

  • Your family includes relatives in different countries, or heirs disagree about accepting, dividing or selling Spanish assets.

  • You need advice about Valencian inheritance or gift tax, including whether a regional tax benefit may apply to your family relationship and circumstances.

  • You want to give a Spanish property or other assets to a relative during your lifetime and need to compare the legal and tax consequences with inheritance.

  • You need a Spanish power of attorney to let someone handle property or inheritance matters while you are outside Spain.

Spanish and Valencian rules that may apply

Spanish Civil Code. The Code contains succession rules, including provisions on wills, heirs and reserved shares where those rules govern the estate. Which succession law applies can depend on factors such as habitual residence, nationality and the deceased’s civil-law status.

Regulation (EU) No 650/2012 on succession. It applies to deaths on or after 17 August 2015 in participating EU countries, including Spain. Among other matters, it provides rules for jurisdiction and the law applicable to cross-border successions, and allows a person in certain circumstances to choose the law of their nationality.

Valencian Law 13/1997 on the Valencian Community’s regional taxes, as amended by Law 6/2023 of 22 November. This legislation governs regional tax provisions, including inheritance and gift tax benefits. The 2023 amendment introduced a 99% tax credit for qualifying close-family inheritances and gifts; eligibility depends on the applicable requirements and facts.

Frequently asked questions

Do I need a Spanish will if I own a home in Moraira?

Not in every case, but a Spanish will can make the administration of Spanish assets more straightforward. It should be coordinated with any foreign will so that one document does not unintentionally revoke or conflict with another.

Will Spanish law automatically govern my estate because I own property in Spain?

No. For cross-border estates covered by Regulation (EU) No 650/2012, the applicable succession law is generally determined by the regulation’s rules, including habitual residence, subject to a valid choice of nationality law. Property location can still matter for practical administration and tax.

Can I choose the law of my nationality for my succession?

In many cases, a person can choose the law of a nationality they hold when making the choice or at death. The choice must be properly expressed, so it should be reviewed with the wording and scope of any will.

How long do heirs have to deal with Spanish inheritance tax?

The usual filing period is six months from the date of death. An extension may be requested, generally within the first five months, so heirs should obtain advice promptly rather than wait for all administration to be complete.

How much does an inheritance lawyer in Moraira cost?

Legal fees depend on the estate’s complexity, the number of heirs, overseas documents and whether a dispute exists. Ask for a written fee proposal explaining what is included and whether notary, translation, tax and registration charges are separate.

How long does a Spanish inheritance take?

A straightforward matter may progress within weeks once the required certificates and documents are available. Overseas paperwork, multiple heirs, tax questions or disputes can extend the process, and property registration follows completion of the relevant formalities.

Can heirs refuse an inheritance or limit responsibility for debts?

Heirs can generally accept or renounce an inheritance through the required formal process. Spanish law also provides acceptance with the benefit of inventory, which can limit exposure to estate debts, but strict requirements apply and advice should be obtained before signing.

Is a lawyer required to make a Spanish will?

A lawyer is not generally required: a person can make a public will before a Spanish notary. Legal advice can still be useful where there are foreign assets, several nationalities, vulnerable beneficiaries or more than one will.

Can a non-resident inherit a property in Moraira?

Non-residents can inherit Spanish property, subject to the applicable succession formalities and tax rules. They may need foreign documents with an apostille or legalisation and a sworn Spanish translation.

Does the 99% Valencian tax credit apply to every heir?

No. The credit applies only to qualifying cases under Valencian tax law, including requirements relating to the relationship between the deceased and beneficiary. A lawyer or tax adviser should check the beneficiary’s circumstances and the rules in force at the relevant time.

What is the difference between a lawyer and a notary in an inheritance?

A notary is a public official who authorises certain documents and verifies legal formalities. A lawyer advises and represents a client, reviews the consequences of choices and can coordinate the inheritance process, but does not replace the notary where a notarial document is required.

Official resources

  • Agència Tributària Valenciana (ATV). The Valencian tax agency provides information and procedures for regional taxes, including inheritance and gift tax.

  • Teulada Town Council. The municipal authority provides local administrative information and services for residents and property owners in Teulada-Moraira.

  • Consejo General del Notariado. This official professional organisation provides public information about notaries and notarial services in Spain.

Steps to find and instruct a lawyer

  1. Gather existing wills, property details, identity documents and a list of assets, debts and potential heirs. Allow a few days to collect what is readily available.

  2. Look for a lawyer authorised to practise in Spain with experience in inheritance, Spanish property and cross-border estates. Check their professional registration and language capabilities.

  3. Arrange an initial consultation, usually within one to two weeks, and explain where you and your family live, your nationalities and where your assets are located.

  4. Ask the lawyer to identify the likely applicable succession law, relevant Valencian tax rules, required documents and any filing deadlines.

  5. Request a written engagement letter and fee estimate before instructing them. Confirm what work is included and which notary, translation, tax and registry costs are additional.

  6. Provide the requested documents and agree who will obtain foreign certificates, translations or apostilles. Ask for a timetable for the next steps and updates on tax deadlines.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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