San Sebastián’s coastal appeal and high-end property market attract many foreign investors and heirs. But with inheritance comes complexity — and foreign owners may face disputes over wills, co-ownership, or occupancy. This article explains how foreigners can resolve inheritance and property disputes in San Sebastián through legal channels — even without residing in Spain.
📜 1. Common Inheritance Conflicts
Foreigners often encounter:
-
📄 Conflicts between Spanish and foreign wills
-
👨👩👧 Claims from forced heirs under Spanish law
-
🏘️ Disputes between co-heirs or co-owners
-
🔐 Unlawful occupation or refusal to vacate inherited property
-
💰 Problems selling or dividing estate assets
📌 These conflicts often involve valuable property in neighborhoods like Antiguo, Centro, Miraconcha, and Ondarreta.
⚖️ 2. What Law Applies to Inheritance in Spain?
Spain follows EU Regulation 650/2012, which means:
-
The default law is that of the deceased’s last habitual residence
-
But foreign nationals can opt for their home country’s law in their will
If Spanish law applies:
-
Heirs (usually children) must receive two-thirds of the estate
-
The surviving spouse may have usufruct rights
-
Disinheriting heirs is only allowed under specific legal grounds
✅ Wills that ignore these rules may be challenged in Spanish court.
🏛️ 3. How Inheritance Disputes Are Handled in San Sebastián
Cases are brought before:
-
Juzgados de Primera Instancia de San Sebastián
(civil court for succession, property rights, and partition actions)
Litigation may involve:
-
📑 Judicial estate division (división judicial de herencia)
-
⚖️ Disputes over will validity or interpretation
-
🏘️ Property co-ownership issues among heirs
🌍 4. Remote Legal Action for Foreign Heirs
You don’t have to be in Spain to defend your rights:
-
✍️ Grant power of attorney (POA) to a local litigation lawyer
-
📄 Submit scanned documents: wills, titles, certificates
-
📜 Use sworn translators for non-Spanish documents
-
💼 Allow your lawyer to represent you in all court proceedings
✅ All steps — from filing claims to selling property — can be managed remotely.
👨💼 How Borderless Lawyers Assists Foreign Heirs
We offer:
-
🧑⚖️ Local inheritance and property litigation lawyers in San Sebastián
-
🌍 Multilingual teams (English, French, Dutch, German)
-
✍️ Assistance with notarizing POA abroad
-
📋 Help obtaining NIEs and property records
-
💻 Full-service remote representation
📩 Conclusion & CTA
Spanish inheritance law protects heirs — but you must act quickly to assert your rights. With experienced legal support in San Sebastián, you can resolve disputes and secure your rightful share from anywhere in the world.
👉 Involved in a property or inheritance dispute in San Sebastián?
Contact Borderless Lawyers today and get matched with a trusted litigation expert in the Basque Country.