For UK nationals with assets in Spain, inheritance planning can be particularly complex. Spanish succession laws differ significantly from UK rules, and without careful planning, your loved ones may face unexpected taxes, delays, or disputes.
At Marc White & Co, we help clients understand Spanish inheritance law and structure their estate to ensure their wishes are respected while minimising complications.
Understanding Spanish Inheritance Law
Spanish law governs the distribution of property located in Spain, even for non-residents. This means that your Spanish assets, whether property, investments, or bank accounts, are subject to local inheritance rules. Key considerations include:
- Forced heirship rules: Certain family members, such as children or spouses, have guaranteed shares under Spanish law.
- Tax implications: Spanish inheritance tax can differ widely from UK inheritance rules, and planning can reduce the overall burden.
- Coordination with UK wills: A UK will may not automatically cover Spanish assets, so cross-border planning is essential.
Strategies for Effective Inheritance Planning
UK nationals often take several steps to ensure a smooth transfer of assets in Spain:
- Draughting a Spanish-compliant will: This ensures your Spanish property is distributed according to your wishes while respecting local law.
- Using joint ownership or trusts: Depending on circumstances, these tools can help manage succession and reduce complications.
- Appointing powers of attorney: Ensures someone can act on your behalf if needed, particularly during administrative or legal proceedings.
Each strategy must be carefully tailored to your family situation, asset type, and residency status.
Coordinating UK and Spanish Legal Requirements
We work with trusted Spanish lawyers to ensure that estate plans comply with local law while aligning with UK legal requirements. Our guidance includes:
- Reviewing existing UK wills and advising on updates for Spanish assets
- Coordinating with Spanish notaries and legal professionals to ensure documents are valid
- Providing clarity on tax obligations in both jurisdictions
Our clients benefit from a joined-up approach that avoids surprises and ensures their estate is managed according to their wishes. For those looking to understand broader Spanish legal matters, our blog on why UK clients should use English lawyers specialising in Spanish law offers useful insights into navigating cross-border issues.
Ensuring Peace of Mind for Your Loved Ones
Inheritance planning in Spain is not just about legal compliance, it’s about protecting your family. With clear guidance and expert coordination, UK nationals can be confident their estate will be handled correctly, minimising disputes and delays.
If you have Spanish assets and want expert advice on inheritance planning, contact us to discuss your specific circumstances and secure your family’s future.