Renounce Inheritance · Marbella
Sometimes the wisest decision is to decline an inheritance. We explain when this makes sense and manage the formal legal process on your behalf.
When does it make sense?
Renouncing (or repudiating) a Spanish inheritance is a serious, irrevocable decision that must be made before a Spanish notary. But it is sometimes the right one. Common reasons include:
Your options
You decline the inheritance entirely. Your share passes to whoever would inherit next under the will or the rules of intestate succession — typically other heirs or the State. You receive nothing and owe nothing from the estate.
You decline your share and transfer it to a specific person of your choosing. In Spanish law this is technically treated as a two-step process — acceptance followed by a gift — and may have its own tax implications. We advise on whether this approach is appropriate in your case.
The process
We review the full estate — assets in Marbella, debts, mortgages, the will (if any) and the likely tax liability — and advise whether renunciation is in your best interest.
We obtain the death certificate, will extract, NIE numbers for all heirs and any other documents required by the notary in Marbella.
The renunciation is signed before a Spanish notary in a formal deed. We can represent you under power of attorney — you do not need to travel to Marbella.
The notary notifies the other heirs and the relevant registries. We file any required tax declarations arising from the renunciation and provide you with the official documentation.
What happens after renunciation
When you renounce a Spanish inheritance, your share does not simply disappear. Under Spanish law, it passes to whoever would inherit next. The outcome depends on whether there is a will and on how the will is drafted:
| Situation | Where your share goes |
|---|---|
| Will names substitute heirs | To the named substitute |
| Will names no substitute | To the remaining co-heirs (acrecimiento) |
| No will (intestate estate) | To the next in the legal order of succession |
| No other heirs exist | To the Spanish State (herencia yacente) |
Common questions
No. Under Spanish law, acceptance and renunciation are both total and unconditional — you cannot accept some assets and refuse others, or impose conditions on your renunciation. If you wish to retain some assets and not others, we can advise on alternative structures (such as partition agreements among heirs) that achieve a similar practical result.
There is no fixed deadline to renounce under Spanish law, but the general principle is that you have not yet accepted (expressly or tacitly) and that the estate is still open. In practice, we recommend acting within the six-month inheritance tax window. Tacit acceptance can occur if you begin managing assets as if they were yours.
If you renounce purely (without transferring to a named person), you do not pay inheritance tax — the liability passes to whoever accepts the share. If you renounce in favour of a specific person, that may be treated as a gift subject to gift tax. We will clarify the tax position clearly before you decide.
Yes. We handle the process entirely under power of attorney. You do not need to travel to Marbella or anywhere in Spain. The power of attorney can be granted before a notary in your home country (with apostille) or at the Spanish consulate nearest to you.
This is one of the most important decisions you will make. Contact us for a free assessment — we will review the full estate and give you an honest recommendation before you commit to anything.