Orihuela Costa is one of the few places in Spain where the foreign-born population outnumbers the Spanish one across several urbanisations. Playa Flamenca, Villamartín, Cabo Roig and La Zenia are, in practical legal terms, communities of non-resident property owners.
That shapes the legal problems that arise here. They are rarely exotic. They are almost always about a property, a will that does not exist, and a deadline nobody knew about.
What do Orihuela Costa owners most often need a lawyer for?
Three things, in this order: making a Spanish will, dealing with an inheritance after a death, and checking a resale property before signing. All three can be handled without the client travelling to Spain, by power of attorney.
The Spanish will: the cheapest problem to solve
A Spanish will costs around €60 in notary fees. Without one, your heirs must obtain a formal declaración de herederos before anything can be transferred — adding months to a process that is already happening at the worst possible time for a family.
It does something else that matters more here than almost anywhere. Under EU Regulation 650/2012 you can elect for the law of your nationality to govern your succession. A British or Irish national who makes that election keeps full testamentary freedom. Without it, the default is generally the law of your habitual residence — and if you live in Orihuela Costa, that means Spanish forced heirship, reserving two-thirds of your estate for your children whether you intended that or not.
The election of national law is the reason a Spanish will is worth having even if you already have one at home. It is a single clause, and it decides who is legally entitled to your Spanish property.
Inheritance tax: much smaller than most owners assume
The Valencia region applies a 99% reduction on inheritance tax for spouses, children and parents, introduced by Ley 6/2023. A child inheriting €200,000 now faces a bill of roughly €124.
| Beneficiary | 99% Valencia relief |
|---|---|
| Spouse, child, parent | Yes |
| Sibling, niece, nephew | No |
| Unmarried partner | No |
That table is the one to check before assuming your plans work. An unmarried partner is treated as unrelated under Spanish inheritance tax regardless of how long you have been together — a common situation on this stretch of coast.
Run your own numbers in the Spanish inheritance tax calculator, or read the full guide to inheritance in Spain for foreigners.
Buying and selling on the Costa Blanca South
Resale property here carries a recognisable set of risks, and all of them are checkable before you sign:
- Unregistered works. Glazed terraces, naya enclosures and solariums converted into rooms, none of which appear at the Land Registry.
- Outstanding community fees. In Spain these attach to the property, so an unpaid balance can become the buyer’s problem.
- Charges at the Land Registry. Mortgages, embargoes and easements that a nota simple reveals in minutes.
- Tourist licence status, if you plan to rent the property short-term.
Spanish conveyancing front-loads the risk: the protection happens before the notary appointment, not after. A private purchase contract signed without those checks is the most expensive document a buyer signs in Spain.
Frequently asked questions
Do you have an office in Orihuela Costa?
Our office is in Alicante city and we act throughout the province, including the Orihuela courts. Wills, inheritance and conveyancing are routinely handled remotely, so most clients never need to travel to us.
Can I sign from the UK or Ireland?
Yes. A power of attorney executed before a notary in your country and apostilled — or signed at a Spanish consulate — allows us to complete a purchase, sale or inheritance on your behalf.
What happens to my Spanish bank account when I die?
It is frozen until inheritance tax is filed and the estate formally accepted. This surprises families constantly, because they expect to use those funds for immediate costs. Planning around it is straightforward if it is done in advance.
How long does an inheritance take here?
With a Spanish will and cooperative heirs, typically two to four months. Without a will, add several months for the declaration of heirs. The six-month tax deadline runs from the date of death regardless.
Do you also handle accident claims?
Yes. Road traffic injury claims are one of the firm’s main practice areas, handled with no fee unless you recover. See our page on English-speaking legal services in Alicante.
Start with the will
If you own property in Orihuela Costa and have no Spanish will, that is the gap to close first. One appointment, a modest fee, and the most expensive part of what your family would otherwise face disappears.
Call 654 581 493 or write from our contact page, in English. We also act for owners in Torrevieja and Jávea.