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Date Published: 15/07/2025

Understanding the importance of wills and estate planning for foreigners in Spain

What British expats in Spain need to know to protect their families and assets

For British nationals living in Spain, having a comprehensive estate plan is essential to protect loved ones and ensure that personal wishes are carried out without unnecessary stress or financial burden. Despite this, many still do not have a will in place, leaving their estate vulnerable to legal complications, tax liabilities and family disputes.

A will is not just a document that outlines who should inherit your assets; it is a legal tool that can safeguard the future of your family.

For instance, if you have children under the age of 18 and die without a will, you forfeit the opportunity to name legal guardians for them. In such cases, the courts will decide who takes responsibility, which may not reflect your wishes.

Many assume that being in a relationship or even married automatically guarantees inheritance, but this is often not the case. In the UK, a spouse only receives the first £270,000 of the estate plus a life interest in half of the remainder if no will exists. The rest could be distributed in ways you never intended.

Similarly, if you are unmarried and die without formalising your intentions in a will, your partner may be left unprotected financially.

Another important consideration is how assets are inherited after you die. Without specific provisions, your children may receive their full inheritance at 18, an age at which many are not yet financially mature.

Worse still, if those children later divorce or face bankruptcy, inherited assets could be lost without ever having served their intended purpose.

Then there’s the question of long-term care. If one partner dies and the other later needs residential care, assets not protected in a trust may be used to cover care fees, potentially forcing the sale of the family home.

Likewise, life insurance or pension policies not placed in trust may be drawn into the estate and subjected to 40% inheritance tax.

Planning ahead also includes protecting yourself and your family in the event of mental incapacity. Contrary to common belief, spouses or partners are not automatically granted Power of Attorney.

Without this legal authority having been established while the individual still has mental capacity, families may need to go through the Court of Protection to make decisions, which is time-consuming, costly and emotionally distressing.

Funeral plans in Spain

Funeral planning is another element that is often overlooked. In Spain, funerals must be arranged quickly, and costs, which currently average around €4,500, must often be paid in advance of probate.

This can impose a financial burden on loved ones. However, setting up a Spanish Pre-Paid Funeral Plan removes uncertainty and ensures that everything is taken care of when the time comes.

Another common misconception is that an English will covers all worldwide assets. In reality, British expats in Spain should have a separate will for each country where they hold assets.

Spanish wills must be signed in the presence of a notary, and should include a Brussels IV clause (EU Regulation 650/2012), enabling you to choose the law of England and Wales or other UK jurisdictions to govern your Spanish estate.

This avoids your assets being distributed under Spanish succession rules, which may conflict with your wishes.

With bilingual staff and offices in both the UK and Spain, Thy Will Be Done offers a seamless service to draft wills, establish legal trusts, register Powers of Attorney and handle both English and Spanish probate. Thy Will Be Done also liaises directly with English-speaking notaries and offers assistance in selling property, if required.

The company’s reputation speaks for itself, having been ranked among the top three will writers at the British Wills and Probate Awards for four consecutive years. For expats looking for clarity, compliance and complete peace of mind, Thy Will Be Done provides a service that goes far beyond the scope of a local abogado.

Planning for the future can be daunting, but it is a responsibility that shouldn’t be postponed. A properly written will not only protects your estate and minimises tax, but also ensures your family is cared for in exactly the way you intended.

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Helping British expats protect their assets in the UK and Spain

Thy Will Be Done inheritance, wills, estates and more legal services in Spain

If you're looking for expert, affordable legal and financial guidance for planning your future and protecting your assets both in the UK and Spain, Thy Will Be Done offers a full range of estate planning and advisory services you can rely on.

Specialising in legal wills, powers of attorney, probate and financial planning, this trusted firm supports British residents and expats through some of the most important decisions of their lives. Whether you're preparing a will, setting up a trust or need support navigating inheritance tax or equity release, their friendly and highly qualified team is here to help.

Services include:

UK and Spanish wills, including low-cost wills for parents with children under 18
Lasting Powers of Attorney
Property Trusts
Probate services with low fees
Pre-paid funeral plans in Spain with interest-free monthly payments
Estate planning and inheritance advice
Life insurance, pensions, investments, mortgages and equity release

Thy Will Be Done works in partnership with trusted legal and financial experts, including SRA-regulated solicitors in the UK and Spanish advisors fluent in English. Their team includes Director Paul Blackmoore, English-speaking Spanish solicitor Gabriel Padilla and financial advisor Chris Shaw.

Based in Spain and the UK, they also give back to the local community, donating €10 to charity for every new client in Spain.