Staff Reporter
By María de Castro, CostaLuz Lawyers
When Susan Thompson, a British retiree living quietly in Marbella, passed away, her children thought the inheritance process would be simple. She had a will in the UK and another one in Spain. But when they took the paperwork to a Spanish notary, they hit a wall: the two wills contradicted each other.
Despite Susan’s clear wish to leave her home in Spain to her daughter, the documents were confusing. One risked cancelling the other. What should have taken a few weeks turned into months of red tape, legal fees and mounting stress.
Unfortunately, Susan’s story is far from rare. Many British nationals in southern Spain have separate wills: one covering their English bank accounts, pensions and personal belongings, and another for their Spanish property. In theory, this makes sense. But in practice, if those wills aren’t aligned, they can cause more harm than good.
The problem comes when the two wills aren’t coordinated. If one revokes the other—even unintentionally—it can lead to uncertainty over who inherits what. Spanish notaries may refuse to act. Banks may freeze accounts. Children may be forced to go to court just to clarify their rights.
There’s also the question of which law applies. Under EU rules, when someone dies living permanently in Spain, Spanish inheritance law applies by default. That law includes forced heirship rules—meaning you can’t freely choose who inherits your assets. But British expats have the right to choose English law instead. All it takes is a clear statement in your will. Without it, Spanish rules will be enforced, even if they don’t reflect your wishes.
That’s why making a simple declaration in your Spanish will—stating that English law applies—can make a big difference. But for this to work, both wills (English and Spanish) must be consistent. They should reflect the same intention, and one should never revoke the other by mistake.
And then there’s tax. Spain and the UK have no inheritance tax treaty. That means your estate could be taxed in both countries. In Spain, inheritance tax varies by region. In Andalusia, for example, children inheriting from parents benefit from generous reductions—but those benefits aren’t automatic. They must be claimed, and deadlines are strict.
If the documents are not clear or correctly translated, or if there’s any confusion, Spanish authorities may delay registration of the property. Heirs might need to legalise English documents, get certified translations, or obtain a Spanish court decision just to unlock the process.
All of this can be avoided with good planning. Having two wills is not the issue. Having two wills that contradict each other is. The key is making sure they’re drafted together, by professionals who understand both the English and Spanish legal systems.
Thousands of British expats came to Spain for a better life 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
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
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