Her husband had died. They’d worked for 40 years, paid their taxes, and bought a small villa in Spain. It was their footprint in the sun. She believed his UK will had settled everything. It hadn't.
She was now facing a Spanish Wealth Tax bill. The property was valued at €850,000. She was a non-resident, so the tax was levied directly on her Spanish assets. She was unaware that Spain applies this tax annually to net assets over a certain threshold.
A Blind Spot in their Planning
The couple's financial plan was solid, but only for the UK. They had Lasting Powers of Attorney. They’d done their Inheritance Tax planning. But their planning stopped at Dover. No one had accounted for the Spanish system. In Spain, non-residents are typically taxed on assets located there which exceed a state allowance of €700,000. The villa left her with a €150,000 taxable base and a recurring annual bill she had not budgeted for.
The structural failure was simple: a lack of integrated advice. Their UK adviser never asked about foreign assets, and the couple assumed their UK arrangements were sufficient. This is a common and costly oversight. Foreign jurisdictions have their own rules on wealth, succession, and property. A UK will does not override them.
Two Jurisdictions, One Strategy
The clear planning implication for UK families is this: your estate is not just what is written in your UK will. If you own property or hold significant assets overseas, you have created a cross-border estate. You are subject to the tax laws of that country. Planning for UK Inheritance Tax is only half the job.
You need a strategy that works in both jurisdictions. For Spain, this means factoring in annual wealth taxes, not just succession tax upon death. It impacts the real cost and value of that asset over your lifetime and for your family.
These situations cause profound distress at the worst possible time. My work is to prevent that. If you own assets outside the UK, we should talk.
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Written by Sean Kiani, Estate Planner at Inheritance Made Simple. Sean writes and reviews the firm's guidance on estate planning, wills, trusts and inheritance tax, and works with families across Bournemouth, Poole, Dorset and Central London. Verify Sean's Society of Will Writers membership listing.