Málaga is home to many foreign residents who leave behind valuable properties and assets — often triggering complex inheritance disputes. Whether you’re a family member abroad or a co-heir living in Spain, it’s vital to understand how Spanish inheritance law works and what to do if you’re involved in a dispute. This guide is designed for foreign heirs dealing with inheritance conflicts in Málaga.
⚠️ 1. Common Reasons Inheritance Disputes Arise in Málaga
Disagreements often come from:
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Unequal treatment of heirs
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Disinheritance or exclusion from the will
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Hidden or mismanaged assets
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Invalid or contradictory wills (Spanish vs foreign)
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Conflicts between Spanish law and foreign wills
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Real estate disputes involving co-owned properties
📌 Many disputes arise between foreign heirs and Spanish residents, or when the deceased held assets across multiple countries.
⚖️ 2. Which Law Applies to Your Inheritance Case?
Since EU Regulation 650/2012, inheritance law in Spain follows:
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The law of the deceased’s habitual residence (unless otherwise chosen)
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Foreign nationals can choose the law of their nationality (e.g. UK law) — but must state this in their will
📌 If the deceased lived in Málaga but didn’t make a legal choice, Spanish succession law applies by default — including forced heirship rules.
🏠 3. Disputes Involving Spanish Property
Foreign heirs often fight over:
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💶 Who is entitled to the property (especially if no will)
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🧾 Disputes with co-heirs over usage or sale
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🏗️ Property management issues before probate is complete
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🔒 Refusal by one heir to cooperate with inheritance division
Spanish courts typically resolve these matters in civil litigation — especially in the Juzgados de Primera Instancia de Málaga.
🔍 4. Forced Heirship in Spain — A Common Source of Conflict
Under Spanish law:
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Children and spouses are legally entitled to a portion of the estate
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You cannot fully disinherit your children without cause
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Even foreign nationals may fall under this rule if Spanish law applies
💡 If the will contradicts Spanish inheritance law, it can be partially invalidated — leading to court proceedings.
🧑⚖️ 5. What to Do If You’re in a Dispute
As a foreign heir:
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Contact a litigation lawyer familiar with Spanish inheritance law
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Request a certified copy of the will and death certificate
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Ask the court to appoint a contador partidor (inheritance executor)
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File a claim in civil court if another heir is obstructing your share
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Request property partition, or force the sale if co-heirs refuse
📌 If you reside abroad, your lawyer can act on your behalf via power of attorney — avoiding travel.
👨💼 6. Why Foreigners Need Legal Help in Málaga
At Borderless Lawyers, we assist clients with:
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Challenging Spanish wills
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Defending their inheritance rights under foreign law
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Resolving conflicts between co-heirs
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Navigating tax and property transfer issues
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Taking urgent court action to block unauthorized asset sales
✅ We work with trusted inheritance litigators in Málaga who speak your language and understand the cross-border complexities of succession law.
📩 Conclusion & CTA
If you’re facing an inheritance dispute in Málaga, don’t assume local rules are the same as back home. Spanish law is strict — and time matters. With the right legal support, you can assert your rights, even from abroad.
👉 Need help with an inheritance dispute in Málaga?
Contact Borderless Lawyers — we connect international heirs with expert litigators who specialize in Spanish succession conflicts.