Inheritance law in Spain presents unique challenges for foreign nationals, particularly British expats in El Portet, Moraira. Post-Brexit, UK nationals' estates in Spain default to Spanish succession law, which includes forced heirship rules that may differ significantly from what you expect. Bufete Padilla has been guiding expat families through Spanish inheritance law since 1976, offering compassionate and expert advice in 7 languages.
Local property market: El Portet is the most exclusive cove of Moraira, with cliff-top villas often above €1.5M and a tight supply that rarely exceeds a dozen active listings. Buyers are typically Dutch, German and Swiss looking for primary or premium second residences.
Urban-planning notes: The cliff-line is fully within the Ley de Costas servitude and partially affected by Teulada-Moraira PGOU restrictions on plot ratios. Demolition risk on illegal extensions is real here.
Recent case in the zone: In 2024 we acted for a Dutch buyer on a €2.1M villa where the previous owner had an open Costas file; we obtained the corresponding autorización before completion and a price adjustment of €60,000.
Distance to our office: El Portet is a 5-minute drive from our Moraira office (C/ Ciudad Real, 2, Local 6).
Our inheritance law practice in El Portet covers:
We coordinate with solicitors in the UK, Scandinavia, Germany, France, and the Netherlands to ensure seamless cross-border estate administration.
The inheritance tax payable on a El Portet property depends on several factors:
Relationship to the deceased:
- Group I (children under 21): Reductions up to €156,000 + additional per year under 21
- Group II (spouse, children over 21, parents): Reductions up to €100,000
- Group III (siblings, aunts/uncles): Reduction up to €7,993
- Group IV (non-relatives): No reduction
Valencian Community bonuses: Close relatives (Groups I & II) may qualify for a 75% to 99% reduction on the tax payable, making the effective rate very low for typical family inheritances.
Non-EU nationals: Since the 2014 ECJ ruling, all EU/EEA and non-EU nationals (including post-Brexit British) can apply the most favourable regional rules.
Important deadlines: Inheritance tax must be filed within 6 months of death. Extensions of 6 additional months are available if requested within the first 5 months.
Bufete Padilla calculates the exact tax liability and identifies all available reductions before you accept the inheritance.
Without a Spanish will, the intestate succession process applies, which is significantly slower (12-18 months vs. 3-6 months) and more expensive. Your heirs will need apostilled death certificates, family certificates, and a declaration of heirs before a notary. We strongly recommend making a Spanish will — it costs only €50-80 and saves enormous hassle.
Under EU Regulation 650/2012, EU nationals can choose the law of their nationality to govern their estate. However, post-Brexit, the application of this regulation to UK nationals is complex. A Spanish court may still apply Spanish forced heirship rules. Our lawyers can advise on the best strategy for your specific situation.
It depends on the property value, relationship to the deceased, and regional reductions. For close relatives (spouse, children), the effective tax in the Valencian Community can be as low as 1-2% thanks to bonuses. For distant relatives or non-relatives, rates can reach 34%. Contact us for a personalised calculation.