International succession in Spain: Success story of a Belgian family with movable and immovable assets

Professional legal assistance by an international inheritance lawyer in Spain

Our law firm was recently approached by a Belgian family searching for an international inheritance lawyer who could help with their unique situation. 

This particular case highlights the complexity of international inheritance law.

Our client’s succession was of an estate located in the Valencian Community, Spain.

For more information on these cases, see our article on the regulation of international inheritances in Spain.

The heirs, all tax residents of Belgium, had just lost a loved one who had left:

• Real estate: urban plots, a villa with a swimming pool, and a rural property in the Marina Alta, Alicante.
• Personal property: luxury vehicles, a leisure boat, and household furniture.
• Other assets: usage rights and registered property titles.

The legal challenge was significant due to differences between Belgian and Spanish law regarding succession rights, property management, notarial procedures, and cross-border tax coordination.

This is why consulting with a professional and experienced international inheritance lawyer is vital for the success of your estate.

Initial assessment and strategy in an international inheritance in Spain

From the outset, our team designed a comprehensive strategy, fully aligned with inheritance laws in Spain, to guide the family through every step of managing their inheritance in Spain.

• Coordination with a Belgian notary for the preparation of notarised powers of attorney, duly apostilled under the Hague Convention.
• Verification of the heirs’ non-resident status to correctly calculate the Inheritance and Gift Tax in Spain.
• Fiscal and cadastral analysis of real estate in Alicante (registered in Jávea) in preparation for sale.
• Valuation of personal property: luxury vehicles, a Belgian-registered boat moored in Dénia, and household furnishings.

Notarial mandate and legal authorisation

The heirs granted our firm an international notarial mandate, drafted and legalised in Brussels under the Hague protocol.

This empowered us to act on their behalf in all matters before the Spanish Tax Agency, for the sale and settlement of assets, and for representation with property registries and banking institutions.

This is highly recommended to ease the navigation of inheritance laws in Spain. 

Asset management in Spain

1. Real estate: Our team of international inheritance lawyers conducted meticulous cadastral regularisation for five urban plots, a villa with a pool, and a rural property over 10,000 m² in Alicante.
2. Personal property: Managed the sale of the boat, including structural inspection clauses and conditional provisions linked to the inheritance settlement. Coordinated the transfer with the Maritime Authority.
   1. Sold luxury vehicles and motorcycles after deregistration, handling circulation and property taxes.

Fiscal settlement and capital gains

Our intervention included:

• Complete management of the Inheritance tax settlement in the Valencian Community.
• Filing of the Non-Resident Income Tax (IRNR) for capital gains from the sale of real estate, in coordination with the Spanish notary handling the succession.
• Advice on VAT exemption and application of the Transfer of Property Tax (TPO) under Article 1594 of the Spanish Tax Code relating to capital gains taxes.

Banking coordination and secure fund transfer

After signing the sales contracts, proceeds were deposited into our Spanish client account.

We then arranged secure transfers to Belgium, fully complying with Spanish anti-money laundering regulations, and provided all necessary documentation to banks in both countries.

Outcome: Efficient resolution and client satisfaction

This case demonstrates our firm’s ability to manage complex international inheritances involving civil, tax, notarial, and registry law across multiple jurisdictions.

• Assets were transferred or sold according to the family’s wishes.
• International inheritance tax was fully declared and paid.
• Property titles were updated.
• Funds were repatriated transparently.

For our clients, working with an experienced international inheritance lawyer in Spain offered both legal security and peace of mind.

By centralising all procedures, we ensured that their international inheritance was managed in full compliance with inheritance laws in Spain.

From handling international inheritance tax to coordinating the settlement of their inheritance in Spain, they were able to navigate the entire process confidently, without the need to travel or deal with complex cross-border formalities on their own.

Get expert guidance on international inheritances with Delaguía y Luzón, your trusted legal partner in Spain.