Page 46 - Property Portfolio - July 2019

Estate planning for UK

nationals in Spain

that it is the practice in the UK to include a
By Kelman Chambers, provision to automatically revoke all earlier wills.
Partner, Blevins Franks
So if you make a Spanish will, and subsequently
change your UK one, make sure your solicitor
Succession planning is one of those tasks that is does not inadvertently revoke the Spanish one.
easy to keep putting off, but do not risk leaving
it too late. If you do, your estate may not be Spanish succession law
distributed as you wish, and your heirs could In the UK you are generally free to distribute
end up paying more tax than they need have. your estate as you wish. In Spain, however,
Spanish succession law imposes ‘forced heirship’
British expatriates living in Spain need to be rules. In general terms, children are entitled to
aware of, and plan for, a number of inheritance receive two thirds of an estate’s assets, so under
issues. Spanish law you cannot, for example, leave
everything to your spouse.
Your last will and testament
If you live in Spain, it is advisable to make a This Spanish succession law will apply to foreign
Spanish will to deal with your Spanish assets. nationals living in Spain by default.
It is much easier to wind up an estate using a
local will, rather than one established in another You can however use a European Succession
country. Regulation, ‘Brussels IV’, to opt for the
succession law of your country of nationality
A UK will may be effective in Spain, but a major to apply on your death instead. But you must
disadvantage is that it will have to go through specifically state this in your will, otherwise
the UK probate process. This will inevitably distribution of your estate must follow the law
create long delays and high costs, as well as of your country of residence.
having to be notarised and translated before
being accepted in Spain. Brussels IV only relates to succession law. You
cannot use it to opt for UK inheritance tax
If you still have assets in the UK, then you can instead of Spanish succession tax on death.
have two wills, one for each country. Be aware

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