At APT Legal, we have recently supported a couple living in Spain with their estate planning. Although they have lived abroad for several years, they still own property and assets in England. Like many British expats, they wanted to make sure everything would be handled smoothly in the future and that their loved ones would not face complications when the time comes.

Estate planning for people who live overseas can be complex, but with the right advice, it can be managed efficiently and effectively. Our recent case highlights how important it is to consider where your assets are located and how different jurisdictions handle inheritance.

Cross-Border Estate Planning: Understanding the Basics

When someone lives abroad but has property, savings, or investments in England and Wales, their estate can fall under more than one legal system. Spain, for example, operates under a very different set of inheritance laws to England and Wales.

In Spain, “forced heirship” rules can apply, meaning a fixed portion of your estate may have to pass to certain family members, such as children or a spouse, regardless of what your Will says. In contrast, under English law, you have full testamentary freedom to decide who inherits your estate.

This difference means that if you are living in Spain but still have property or bank accounts in England, you may need separate Wills to cover each jurisdiction. A Will written under English law can ensure your UK assets are dealt with as you intend, while a local Spanish Will can cover assets held in Spain.

The Practical Implications

Without proper planning, cross-border estates can become complicated quickly. For example:

• Delays in probate: Executors in England may face additional steps if the deceased lived abroad, such as proving domicile or dealing with foreign death certificates.
  
• Tax considerations: Spain and the UK both have inheritance tax systems, and in some cases, both may apply. Professional advice can help ensure assets are structured efficiently to avoid unnecessary taxation.
  
• Recognising legal documents: Documents such as Wills or powers of attorney may not automatically be valid across jurisdictions unless properly drafted and recognised.
  
• Managing communication: Executors or family members may need to coordinate between solicitors in both countries, which can slow the process and increase stress at a difficult time.
  

By addressing these points early, families can avoid uncertainty and ensure assets are protected across borders.

How APT Legal Helps

Our team at APT Legal regularly works with clients who live outside the UK but still hold property, investments, or family connections in England and Wales. Through our network of trusted partners, we can provide estate planning advice that bridges international and domestic considerations.

In the recent case, we worked closely with our clients to:

• Review their existing Spanish Will and identify where it conflicted with UK inheritance rules.
  
• Draft a new English Will that covered their UK assets clearly and legally.
  
• Advise on powers of attorney and how they could be used across jurisdictions.
  
• Ensure both sets of documents worked together to create a complete estate plan.
  

This approach gave our clients peace of mind that their estate would be managed smoothly, no matter where they live or where their assets are held.

Supporting Clients Across England and Wales and Further Afield

While APT Legal is based in Nottinghamshire and Lincolnshire, our expertise and partner network mean we can help clients across England and Wales, as well as those living abroad with ties to the UK.

We understand that modern families are increasingly international, with property, business interests, and loved ones in different countries. Our role is to make the legal process straightforward, clear, and reassuring, wherever you call home.

If you live abroad but still have assets or family in England and Wales, it is important to have the right Wills and estate planning in place. Contact APT Legal today to speak with one of our experienced consultants and ensure your affairs are properly managed in both countries.