Costa News Spain Breaking News | English News in Spain.
By María de Castro, CostaLuz Lawyers
Susan Thompson, an English retiree who lived in Marbella quietly, died. Her children believed that inheritance would be easy. She had one will in the UK, and another in Spain. When they presented the documents to a Spanish Notary, the wills were in conflict.
The documents were unclear, even though Susan was clear that she wanted to leave her Spanish home to her daughter. The documents were confusing. One could cancel the other. What should have been a matter of a few days turned into months, with red tape and legal fees.
Susan’s story unfortunately is not unique. Many British citizens living in southern Spain possess separate wills. They have one for their English bank accounts and pensions as well as their personal belongings. This makes sense in theory. In practice, though, it can do more harm than good if these wills don’t match.
Problems arise when two wills don’t match. If one revokes the other—even unintentionally—it can lead to uncertainty over who inherits what. Spanish notaries can refuse to act. Banks can freeze account. Children can be forced to appear in court to clarify their rights.
The question is also which law is applicable. According to EU rules, if someone is permanently living in Spain and dies, Spanish inheritance laws will apply by default. That law includes forced heirship rules—meaning you can’t freely choose who inherits your assets. British expats, however, have the option to opt for English law. It’s as simple as stating your wishes in a will. If you don’t include it in your will, Spanish laws are enforced even if they do not reflect your wishes.
That’s why making a simple declaration in your Spanish will—stating that English law applies—can make a big difference. For this to work both wills must be consistent (English and Spanish). The wills must reflect the same intentions, and neither should revoke the others by mistake.
Tax is another issue. Spain and UK don’t have an inheritance tax treaty. This means that your estate can be taxed both in Spain and the UK. In Spain, inheritance taxes vary by region. In Andalusia, for example, children inheriting from parents benefit from generous reductions—but those benefits aren’t automatic. The deadlines for claiming these benefits are strict.
Spanish authorities could delay the registration if documents are not translated correctly or clearly, or there is confusion. To unlock the process, heirs might have to obtain certified translations or legalise English-language documents.
This can all be avoided by planning well. The issue is not having two wills. It’s having two contradictory wills. It is important to have them drafted jointly by legal professionals who are familiar with both the English-speaking and Spanish-speaking legal systems.
Many British expats moved to Spain in search of a better lifestyle under the sun. Making sure your estate plan is in order means you can leave behind peace—not paperwork—for the people you love.
María L. De Castro
General Director
web@costaluzlawyers.es
Tel. + 34 956 092 687
Fax + 34 956 773 741
Spain
C/ San Antonio, nº 3-5
Entreplanta C
11201 – Algeciras, Cádiz
United Kingdom
Unit 2, Cochran Close,
Crownhill Industry
Milton Keynes
MK8 0AJ
The Olive Press Sponsored News is available here.
