Alicante is one of Spain’s most popular regions for foreign property owners and retirees — but when a loved one passes away, inheritance disputes can arise, especially if family members are located abroad. Whether you’ve been excluded from a will, disagree with the distribution, or suspect hidden assets, Spanish law gives foreign heirs the right to litigate inheritance claims in Alicante.
This guide explains how the process works and what legal options you have.
⚖️ 1. Why Inheritance Conflicts Are Common in Alicante
Foreign heirs often face issues such as:
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Exclusion from a Spanish or foreign will
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Arguments over who gets a holiday home
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One heir taking control of property or bank accounts
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Legal conflicts between Spanish and foreign wills
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Concerns about fraud, undue influence, or forged documents
📌 Inheritance disputes are common when assets are located in Spain, especially in cases involving blended families or cross-border estates.
📜 2. Which Law Applies to the Estate?
Under EU Succession Regulation 650/2012, the default rule is:
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The law of the deceased’s habitual residence applies
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A person may choose their national law in their will
📌 If a British or Dutch national lived in Alicante without stating otherwise, Spanish inheritance law likely applies — including forced heirship rules.
🧾 3. Understanding Forced Heirship in Spain
Spanish law requires:
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Two-thirds of the estate to go to forced heirs (typically children)
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The remaining one-third may be freely distributed
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A surviving spouse may have lifetime use (usufruct) of property
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You cannot fully disinherit your children unless there are specific legal grounds
📌 Wills that violate these rules — even foreign ones — can be challenged in Spanish courts.
🏛️ 4. Taking Legal Action in Alicante
If there’s a dispute, your lawyer may:
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File for judicial division of inheritance
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Request a court-appointed accountant (contador partidor judicial)
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Challenge the validity of a will (e.g., improper execution or undue influence)
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Apply for precautionary measures (freeze assets, block access)
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Represent you in hearings at the Juzgados de Primera Instancia de Alicante
⏳ Inheritance litigation can take 6–18 months depending on complexity.
🌍 5. Can Foreign Heirs Sue Without Coming to Spain?
Yes. Most inheritance disputes can be handled remotely. You’ll need:
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A litigation lawyer in Alicante
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A notarized power of attorney (POA)
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ID and death certificate
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Copies of wills, property deeds, and asset records
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Legal translations (if needed)
✅ Borderless Lawyers helps you manage this entirely from abroad — whether you’re in the UK, EU, U.S., or elsewhere.
👨💼 6. How Borderless Lawyers Supports Foreign Heirs
We connect you with:
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Alicante-based lawyers who specialize in inheritance disputes
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Teams experienced in Spanish and cross-border probate
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Bilingual legal professionals for smooth communication
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Court agents (procuradores) to represent your case locally
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Advice on resolving disputes or negotiating out of court
📩 Conclusion & CTA
If you’re facing an inheritance conflict in Alicante, act quickly. Spanish courts protect heirs’ rights — but you need a legal team that understands both local law and international dynamics.
👉 Need help with an inheritance dispute in Alicante?
Borderless Lawyers will connect you with a trusted litigation expert who can defend your interests in the Spanish courts — even if you’re not in Spain.