I sat with a family recently. Their parents had bought a small villa on the Costa Blanca in the 1980s. Thirty years of family holidays. When their last parent died, the children inherited it. They got a proper valuation, filed the Spanish inheritance tax forms, and paid what was due. They thought that was the end of it.
Six months later, another letter arrived. It was from the Spanish tax authority. They had decided the villa was worth €100,000 more than the professionally valued price. The additional tax demand was for tens of thousands of Euros. It came out of nowhere, creating immense stress for a family that was still grieving.
The Problem of Procedure
The Spanish tax office had never sent anyone to the property. Their new valuation was based on an algorithm, a desk-top exercise. It didn’t account for the old wiring, the dated kitchen, or the new block of flats that had gone up next door, blocking the afternoon sun. It was an assessment detached from reality, but it carried the full force of the state.
This isn't an isolated case. It's a procedural trap that catches out many UK families. The good news is that the system can be challenged. A recent decision by Spain's Central Economic-Administrative Tribunal on 28 April 2026 (case 00/08883/2024) invalidated a tax authority’s assessment on precisely these grounds. They had failed to justify why they were checking the valuation and had not conducted a proper physical inspection.
Cross-Border Means Double the Detail
That family won their case. But they still had to endure the cost and stress of a legal fight. This is the crucial point for anyone in the UK with assets overseas. Your UK inheritance tax plan is only half the story. Each country has its own rules, its own procedures, and its own tax authorities looking to maximise their intake.
Having a Spanish property means you need a Spanish will. You need a robust, independent valuation upon death. And you need advisers who understand how to deal with the authorities on the ground. The structures you have in the UK, whether trusts or Lasting Powers of Attorney, may not be recognised or may function differently abroad. Planning must account for this.
We deal with the complexities of cross-border estates every week. It requires meticulous, coordinated work. If any of this sounds familiar, we should have a conversation.
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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.