Her husband had died six weeks earlier. They had retired to Spain in 2016, buying a villa near Jávea for €450,000. She was in my office not to discuss investments, but because she was at risk of losing a significant share of her home.
She came to me after hitting a wall of Spanish bureaucracy. The problem wasn't a lack of planning. They had a professionally drafted English will. It was clear: everything was to go to the surviving spouse. The problem was their main asset, the villa, was in Spain. Their UK will was being challenged by his estranged children from a first marriage.
A Conflict of Law
The core issue was a conflict of laws. An English will gives you total testamentary freedom. You can leave your assets to anyone you choose. But Spanish succession law includes 'forced heirship'. This means a portion of the estate, in this case two-thirds, is legally reserved for direct descendants. The children were claiming their legal right under Spanish law, overriding the wishes in the UK will.
This is not a rare event. I see specialist legal and tax firms in Spain set up entirely to handle these cross-border messes for British, American, and other Northern European clients. They exist because the default position for most expats is one of extreme vulnerability. Without a Spanish will, properly drafted to work alongside a UK will, you are leaving your family's future to a foreign legal system.
One Estate, Two Plans
If you own property or have significant assets outside the United Kingdom, you need specific advice for that jurisdiction. For most people with a home in Spain, France, or Portugal, this means a second will. This document deals only with your assets in that country and is drafted by a local specialist. Crucially, it must be written so that it does not accidentally revoke or conflict with your UK will. The two must work as a single, coherent plan for your entire estate.
Dealing with inheritance is difficult enough. Facing it in a foreign language while your home is contested is something else entirely. These situations are complex, but the solutions are straightforward if planned in advance. If you have assets overseas, 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.