Valencia is a popular destination for retirees and second-home owners from across Europe — but this also makes it a frequent setting for inheritance disputes involving foreign heirs. If you’ve been left out of a will, denied access to assets, or are in conflict with co-heirs, you need to understand how Spanish inheritance law applies and what options you have in court.
This article explains the key legal concepts for foreigners navigating inheritance disputes in Valencia.
⚠️ 1. Why Inheritance Disputes Arise in Spain
Foreign heirs in Valencia often face issues like:
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Being excluded or receiving less than expected
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Wills that conflict with Spanish law (e.g. UK vs Spain)
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Disputes over who gets a family home or rental property
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Accusations of undue influence on the testator
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Co-heirs refusing to cooperate with probate or division
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Concealment of assets by local family members
📌 Even if the deceased lived abroad, Spanish rules may apply if they had assets in Valencia.
⚖️ 2. Which Law Governs the Inheritance?
Thanks to EU Succession Regulation 650/2012, the default rule is:
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The law of the deceased’s habitual residence applies to the whole estate
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A person can elect their national law in their will (e.g. UK law if British)
📌 If no choice is made and the person lived in Valencia, Spanish succession law applies — including forced heirship rules.
🏠 3. Spanish Forced Heirship – The Key Conflict Point
Under Spanish law:
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Children are legally entitled to two-thirds of the estate
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The spouse may have usufruct rights (use of the property)
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You cannot fully disinherit your children unless legally justified
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Foreign wills that violate this can be challenged in court
💡 This is a common reason why UK, German, Dutch, and Scandinavian wills are contested in Spain — including in Valencia.
🧾 4. Common Inheritance Disputes in Valencia
| Dispute Type | Examples |
|---|---|
| 🧑🤝🧑 Co-heir disputes | Refusing to divide assets, blocking access to properties |
| 📜 Invalid wills | Missing signatures, improper execution, contradictory wills |
| 🏠 Real estate conflicts | One heir wants to keep a home, another wants to sell |
| 💰 Undisclosed assets | One party hiding accounts, cash, or valuables |
| ⚖️ Legal mismatch | Foreign will vs. Spanish law contradictions |
🏛️ 5. Court Procedures in Inheritance Litigation
If negotiation fails, you can file a claim in the Juzgados de Primera Instancia de Valencia. Steps typically include:
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File for division of inheritance (división judicial de herencia)
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Ask the court to appoint an official contador partidor (inheritance accountant)
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Request precautionary measures (asset freeze, access to property)
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Go to hearing if a settlement cannot be reached
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Judgment is issued, appealable within 20 days
📌 If the dispute involves a will challenge, the court will first rule on validity of the testament.
🌍 6. Can Foreign Heirs Sue from Abroad?
Yes — with:
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A Spanish litigation lawyer
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A procurador (court representative)
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A notarized power of attorney (POA)
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Any relevant documents (wills, ID, death certificate)
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Translations of documents not in Spanish
✅ You can manage the entire case without traveling to Spain — we assist many heirs based in the UK, Germany, the Netherlands, Sweden, and the U.S.
👨💼 7. How Borderless Lawyers Can Help
We connect you with:
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Experienced inheritance litigators in Valencia
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Lawyers who understand international probate law
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Professionals who speak your language and represent you locally
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Experts in both contested wills and property division
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Teams who can handle urgent legal action, even posthumously
📩 Conclusion & CTA
Inheritance disputes in Valencia can be emotional and complex — especially for foreigners navigating unfamiliar laws. But with the right legal support, your rights can be protected and enforced.
👉 Need help with an inheritance conflict in Valencia?
Contact Borderless Lawyers and we’ll connect you with a litigation expert who defends foreign heirs in Spanish courts.