Inheritance lawyer in Alicante: administer your estate with domestic and international heirs

Alicante and its province are home to one of the largest communities of foreign residents in Spain — British, German, Scandinavian and other northern and central European citizens who have settled on the Costa Blanca or own second homes in Benidorm, Torrevieja, Calpe or Altea. When a death occurs in Alicante, an estate involving heirs or assets in several countries becomes a highly complex process: the Inheritance and Gift Tax (Impuesto de Sucesiones y Donaciones, ISD) must be settled before the Agencia Tributaria de la Comunitat Valenciana (ATCV), heirs residing abroad must be coordinated, wills executed in other countries must be validated, and the European Succession Regulation must be applied to determine which national law governs the estate.

Since 2010 · 16 years Tax agent AEAT

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Why BM Consulting

Specialised advice and personal service

At BMC we are specialist inheritance lawyers in Alicante with specific experience in administering estates with international elements. We manage the entire process: succession documents, inventory of assets in Spain and abroad, partition deed, ISD self-assessment before the ATCV, municipal capital gains tax before Alicante City Council or the relevant municipality, and Land Registry registrations. Where there is a dispute or cross-border elements, we act before the Courts of First Instance in Alicante and coordinate with lawyers in the heirs' countries of origin.

  • In Alicante (Comunitat Valenciana) the ISD applies a 100,000 euro reduction per direct heir, with no 99% relief.

  • The deadline to settle the tax is 6 months from the date of death, extendable by a further 6 months.

  • Estates with international elements on the Costa Blanca require the application of EU Succession Regulation 650/2012.

  • Wills executed abroad may be valid in Spain if they are apostilled and translated.

How we work

From first contact to case completion

  1. Opening the probate file

    We obtain the death certificate, the certificate of last wills and the copy of the will. If the deceased had a will in Spain and abroad, we verify which is valid and which prevails under the European Succession Regulation. If there is no will, we process the intestate declaration of heirs.

  2. Domestic and international inventory

    We compile the inventory of all assets: real estate in the province of Alicante (Costa Blanca, Alicante city, inland municipalities), bank accounts in Spain and abroad, vehicles, investments and insurance policies. We identify the assets abroad and analyse their treatment in the ISD settlement.

  3. Distribution and allocation with representation of non-resident heirs

    We draft the partition deed and, where necessary, represent non-resident heirs under an apostilled notarial power of attorney. Where real estate is involved, the partition is formalised in a public deed.

  4. Multi-country tax settlement and Land Registry registrations

    We file the ISD self-assessment before the ATCV and, where there are assets abroad, coordinate with international advisers to avoid double taxation. We manage the municipal capital gains tax (plusvalia municipal) and registrations in the Land Registries of Alicante.

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The problem

Alicante and its province are home to one of the largest communities of foreign residents in Spain — British, German, Scandinavian and other northern and central European citizens who have settled on the Costa Blanca or own second homes in Benidorm, Torrevieja, Calpe or Altea. When a death occurs in Alicante, an estate involving heirs or assets in several countries becomes a highly complex process: the Inheritance and Gift Tax (Impuesto de Sucesiones y Donaciones, ISD) must be settled before the Agencia Tributaria de la Comunitat Valenciana (ATCV), heirs residing abroad must be coordinated, wills executed in other countries must be validated, and the European Succession Regulation must be applied to determine which national law governs the estate.

Our solution

At BMC we are specialist inheritance lawyers in Alicante with specific experience in administering estates with international elements. We manage the entire process: succession documents, inventory of assets in Spain and abroad, partition deed, ISD self-assessment before the ATCV, municipal capital gains tax before Alicante City Council or the relevant municipality, and Land Registry registrations. Where there is a dispute or cross-border elements, we act before the Courts of First Instance in Alicante and coordinate with lawyers in the heirs' countries of origin.

Process

How we do it

1

Opening the probate file

We obtain the death certificate, the certificate of last wills and the copy of the will. If the deceased had a will in Spain and abroad, we verify which is valid and which prevails under the European Succession Regulation. If there is no will, we process the intestate declaration of heirs.

2

Domestic and international inventory

We compile the inventory of all assets: real estate in the province of Alicante (Costa Blanca, Alicante city, inland municipalities), bank accounts in Spain and abroad, vehicles, investments and insurance policies. We identify the assets abroad and analyse their treatment in the ISD settlement.

3

Distribution and allocation with representation of non-resident heirs

We draft the partition deed and, where necessary, represent non-resident heirs under an apostilled notarial power of attorney. Where real estate is involved, the partition is formalised in a public deed.

4

Multi-country tax settlement and Land Registry registrations

We file the ISD self-assessment before the ATCV and, where there are assets abroad, coordinate with international advisers to avoid double taxation. We manage the municipal capital gains tax (plusvalia municipal) and registrations in the Land Registries of Alicante.

60%+
Foreign residents on the Costa Blanca assisted
6 months
Deadline to settle the inheritance and gift tax
EU 650/2012
European Succession Regulation applicable

My father, a German national, passed away in his apartment in Benidorm. He had assets in Spain and Germany. BMC managed the entire Spanish estate, coordinated with our German lawyer and ensured we did not pay inheritance tax twice across both countries. An indispensable service.

Claudia Bernstein Heir and resident in Germany, Alicante / Düsseldorf

Estates in Alicante: Spain’s province with the most international heirs

Alicante and its province, including the Costa Blanca, Benidorm, Torrevieja, Calpe, Altea, Javea and Denia, are home to one of the largest populations of foreign residents and property owners in Spain. Citizens of the United Kingdom, Germany, the Netherlands, Belgium, Norway and Sweden have established permanent residence or own second homes on the Costa Blanca, attracted by the climate, lifestyle and property prices. This demographic reality makes Alicante one of the provinces with the highest number of estates with international elements: heirs abroad, assets in multiple countries, and wills executed under other legal systems.

At BMC we are inheritance lawyers in Alicante with specific experience in handling cross-border estates. We know the European Succession Regulation, the tax rules of the Comunitat Valenciana and the procedures before the Agencia Tributaria de la Comunitat Valenciana (ATCV) for correctly settling the Inheritance and Gift Tax (Impuesto de Sucesiones y Donaciones, ISD) with international heirs.

The European Succession Regulation and estates in Alicante

Regulation (EU) 650/2012 on Succession is the rule that determines which national law governs an estate where the elements span several EU member states. Its core rules are:

The applicable law is that of the country of habitual residence of the deceased. If the deceased was habitually resident in Alicante, Spanish law applies to the estate, even if the heirs reside abroad or the deceased was a foreign national.

The deceased may choose the law of their nationality in their will. A German national resident in Alicante may elect in their will for the estate to be governed by German law. This choice affects both the distribution of assets and the rights of forced heirs, but does NOT affect taxation: Spanish ISD remains applicable to assets situated in Spain.

The European Certificate of Succession (ECS) may be applied for in Spain to certify the status of heir or administrator across all EU member states. This is a useful instrument for heirs of deceased persons who were resident in Alicante and need to manage assets in other European countries.

It is important to note that Regulation 650/2012 applies between EU member states. The United Kingdom (post-Brexit) and other countries outside the EU have their own private international law rules in matters of succession.

Inheritance and Gift Tax in Alicante: Valencian rules

Alicante is the provincial capital of the Comunitat Valenciana, so the Inheritance and Gift Tax (ISD) is settled before the ATCV under the Valencian Community’s own rates and reductions (described in detail on the page for estates in Valencia). The applicable reductions are: 100,000 euros per direct heir (Group II), a reduction for the main residence of up to 150,000 euros, a reduction for family business assets of up to 95%, and a reduction for disability of up to 960,000 euros.

For heirs not resident in Spain, the ATCV is competent when the deceased was resident in the Comunitat Valenciana. If the deceased was resident abroad, competence may pass to the AEAT (Agencia Estatal de Administracion Tributaria), applying the national ISD rules, which are generally less favourable for direct heirs than the Valencian rules.

Estates with non-resident heirs in Alicante: the practical process

Handling an estate in Alicante with heirs abroad presents specific practical challenges:

Tax representation: Non-resident heirs in Spain must appoint a tax representative to fulfil their tax obligations in Spain. BMC can act as tax representative before the ATCV and the AEAT.

Apostilled power of attorney: If a non-resident heir wishes to grant a power of attorney to a representative in Spain to handle the estate, that power of attorney must be apostilled under the Hague Convention (if the country is a signatory) or legalised. Many countries have specific procedures for powers of attorney granted before a local notary that are subsequently used in Spain.

Foreign will: If the deceased executed a will in their country of origin (for example, a British national resident in Torrevieja who had a will in the United Kingdom), that will may be valid in Spain if it meets the formal requirements of the place of execution. It must be provided apostilled, translated and, in some cases, accompanied by a legal opinion on the succession law of the country where it was executed.

Six-month deadline for heirs abroad: The six-month deadline for settling the ISD is the same for residents and non-residents. Managing documentation from abroad within that deadline can be difficult, and BMC coordinates the entire process and manages extensions where necessary.

Inheritance disputes on the Costa Blanca

Disputes in Costa Blanca estates follow specific patterns:

Real estate in tourist areas: Apartments and villas in the front-line beach areas of Benidorm, Altea, Javea or Denia may have market values significantly higher than their cadastral value. Disputes between heirs wishing to sell and those wishing to retain the property are common, particularly when the heirs reside in different countries and have different financial needs.

Estates with assets in two countries: A foreign resident in Alicante who had assets in Spain (the coastal apartment) and in their country of origin (their main home) generates an estate that must be administered in two jurisdictions simultaneously. Coordination between the lawyers in each country is key to avoiding double taxation and correctly managing the distribution among the heirs.

Real estate with charges: Apartments on the Costa Blanca with mortgages or attachments require a prior analysis of liabilities before advising acceptance of the estate. Acceptance with benefit of inventory is particularly recommended where there is uncertainty about the liabilities.

Holiday rental properties: Many properties on the Costa Blanca were used for holiday lettings. Inheriting an apartment with an active holiday rental licence implies the transfer of the landlord’s rights and obligations, including tenant deposits and pending rental contracts.

Double taxation in international estates in Alicante

When a non-resident heir inherits assets in Spain, both Spain and the heir’s country of residence may seek to tax the same estate. This double taxation can be reduced or eliminated if there is a specific double tax convention on succession matters between Spain and the relevant country.

Spain has concluded very few specific double tax conventions on succession (only with France, Greece and Sweden). For other countries, including the United Kingdom, Germany, the Netherlands and the Scandinavian countries, there is no specific succession convention, although income tax treaties sometimes include general clauses that may apply.

In practice, coordination between the Spanish lawyer and the adviser in the heir’s country of residence is the most effective way to minimise double taxation. BMC has experience in this coordination and works with a network of partner lawyers in the main countries of origin of Costa Blanca residents. We also advise on the potential impact of the wealth tax when the inherited assets exceed the taxation thresholds in Valencia.

Succession planning for foreign residents in Alicante

For foreign residents on the Costa Blanca, succession planning during the deceased’s lifetime can save significant amounts in taxes and avoid disputes. A will correctly drafted before a Spanish notary can include the choice of the testator’s national law (if more favourable), clear designation of heirs and legatees, and separate management of Spanish assets from assets abroad.

At BMC we offer a succession planning service specifically designed for foreign residents in Alicante and the Costa Blanca, covering analysis of the applicable law based on nationality, a comparative tax simulation of different scenarios and preparation of the instructions for the notary. A planning consultation can save heirs tens of thousands of euros in the future.

BMC has representation in Alicante. Visit our Alicante office for personalised attention.

FAQ

Frequently asked questions

Alicante falls within the Comunitat Valenciana, which applies a kinship reduction of 100,000 euros for direct heirs (Group II), but without the 99% relief available in Madrid or Andalusia. ISD rates in the Comunitat Valenciana range from 7.65% to 34% depending on the net value acquired. The tax burden can be significant for high-value estates, making prior succession planning particularly relevant.
The deadline to file the Inheritance and Gift Tax (Impuesto de Sucesiones y Donaciones) self-assessment before the ATCV is six months from the date of death, extendable by a further six months if requested before the initial deadline expires. Missing the deadline triggers surcharges of between 5% and 20% plus late-payment interest. For heirs residing abroad, managing documentation in time can be challenging, and BMC coordinates the entire process.
If the deceased was a foreign national residing in Alicante, Spanish law (or Catalan law if the deceased held Catalan personal civil law status) applies to the estate, and the Comunitat Valenciana tax rules govern the ISD. If the deceased was resident abroad but had assets in Alicante, ISD jurisdiction may fall to the State, applying national rules which are generally less favourable than the Valencian rules. EU Regulation 650/2012 on Succession allows the deceased to choose, by will, the law of their nationality as the law governing the estate.
A will validly executed abroad can be used to administer an estate with assets in Alicante. It must be apostilled (Hague Convention) or legalised, and translated into Spanish by a sworn translator if written in another language. A foreign will does not appear in the Spanish Registry of Last Wills, so a negative certificate of last wills does not rule out the existence of a valid foreign will. BMC manages the validation and use of foreign wills in the administration of estates in Alicante.
The heir may accept with benefit of inventory (limiting their liability to the inherited assets), accept unconditionally (taking personal responsibility for all debts) or renounce the estate. For estates where the liabilities are uncertain, acceptance with benefit of inventory is the most prudent course. Renunciation before a notary is final. BMC analyses assets and liabilities before recommending the appropriate option.
Yes. Brexit does not affect the succession rights of British nationals with assets in Spain. EU Regulation 650/2012 on Succession remains applicable in Spain, even though the United Kingdom did not ratify it. British nationals inheriting assets in Alicante must settle the Spanish ISD within the same six-month period. If the double tax convention between Spain and the United Kingdom contains rules on succession, BMC applies them to avoid double taxation.
The cost depends on complexity: assets in Spain and abroad, heirs residing in multiple countries, disputes and expert valuations. For uncomplicated estates with no complex international elements, BMC offers a fixed-price quote after the free first consultation.

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Frequently asked questions

Questions about Inheritance Lawyer in Alicante

Alicante falls within the Comunitat Valenciana, which applies a kinship reduction of 100,000 euros for direct heirs (Group II), but without the 99% relief available in Madrid or Andalusia. ISD rates in the Comunitat Valenciana range from 7.65% to 34% depending on the net value acquired. The tax burden can be significant for high-value estates, making prior succession planning particularly relevant.
The deadline to file the Inheritance and Gift Tax (Impuesto de Sucesiones y Donaciones) self-assessment before the ATCV is six months from the date of death, extendable by a further six months if requested before the initial deadline expires. Missing the deadline triggers surcharges of between 5% and 20% plus late-payment interest. For heirs residing abroad, managing documentation in time can be challenging, and BMC coordinates the entire process.
If the deceased was a foreign national residing in Alicante, Spanish law (or Catalan law if the deceased held Catalan personal civil law status) applies to the estate, and the Comunitat Valenciana tax rules govern the ISD. If the deceased was resident abroad but had assets in Alicante, ISD jurisdiction may fall to the State, applying national rules which are generally less favourable than the Valencian rules. EU Regulation 650/2012 on Succession allows the deceased to choose, by will, the law of their nationality as the law governing the estate.
A will validly executed abroad can be used to administer an estate with assets in Alicante. It must be apostilled (Hague Convention) or legalised, and translated into Spanish by a sworn translator if written in another language. A foreign will does not appear in the Spanish Registry of Last Wills, so a negative certificate of last wills does not rule out the existence of a valid foreign will. BMC manages the validation and use of foreign wills in the administration of estates in Alicante.
The heir may accept with benefit of inventory (limiting their liability to the inherited assets), accept unconditionally (taking personal responsibility for all debts) or renounce the estate. For estates where the liabilities are uncertain, acceptance with benefit of inventory is the most prudent course. Renunciation before a notary is final. BMC analyses assets and liabilities before recommending the appropriate option.
Yes. Brexit does not affect the succession rights of British nationals with assets in Spain. EU Regulation 650/2012 on Succession remains applicable in Spain, even though the United Kingdom did not ratify it. British nationals inheriting assets in Alicante must settle the Spanish ISD within the same six-month period. If the double tax convention between Spain and the United Kingdom contains rules on succession, BMC applies them to avoid double taxation.
The cost depends on complexity: assets in Spain and abroad, heirs residing in multiple countries, disputes and expert valuations. For uncomplicated estates with no complex international elements, BMC offers a fixed-price quote after the free first consultation.
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