Effective Estate Planning for British Expatriates in the Balearic Islands: A Brief Guide

Estate planning is a critical consideration for British expatriates living in the Balearic Islands. With assets potentially spread across the UK and Spain, and legal frameworks differing between jurisdictions, effective planning ensures that your wealth is passed on efficiently and according to your wishes. Here are the key points to consider:

Planning ahead is essential to safeguard your estate and reduce the likelihood of disputes or unnecessary tax liabilities. British expats in Spain often have assets in both countries, so your plan should address how these will be managed and distributed. Consideration should be given to residence status, the location of assets, and whether your heirs live in the UK, Spain, or elsewhere.

Wills. To streamline the probate process and ensure clarity in both jurisdictions, dual wills can be highly beneficial. This means having one will to cover your UK assets and another for your Spanish holdings. These wills must be carefully drafted to avoid legal conflicts or revocation—coordination between legal professionals in both countries is vital. A Spanish will must comply with local formalities and should reference the UK will, and vice versa.

Assets such as pensions, life insurance policies, and investment accounts may pass outside of a will, depending on the beneficiary nominations made. It’s crucial to regularly review and update these to ensure they align with your broader estate plan. Failing to do so can lead to unintended outcomes, especially if personal circumstances (like marriage or divorce) change.

Spanish Succession Law Spain operates a system of forced heirship, where a significant portion of an estate must go to specific relatives (typically children). However, EU Regulation 650/2012 (Brussels IV) allows foreign nationals residing in Spain to opt for the succession law of their country of nationality. This election must be clearly stated in your Spanish will. Without it, Spanish law may apply by default, potentially overriding your intentions.

UK Inheritance Tax (IHT) Even if you are a long-term resident of Spain, and recognising the recent favourable changes to UK inheritance tax (IHT) rules for many expatriates, you may still face IHT on both UK and non-UK based assets. Careful planning can ensure this exposure is removed entirely. At the same time, Spanish succession tax may also apply based on the location of assets or the residency of beneficiaries. This creates a risk of double taxation. However, tax treaties and relief provisions mitigate these liabilities if utilised effectively.

Solutions. There are several tools and strategies that can enhance estate planning efficiency, including the use of trusts, life insurance policies for tax mitigation, and gifting strategies. Spanish-compliant investment bonds, for instance, may provide tax deferral benefits and simplify succession. The suitability of these solutions depends on personal circumstances and goals.

Professional Advice. Given the complexity of cross-border estate planning, expert guidance is not just helpful—it’s essential. A qualified financial adviser and a solicitor familiar with both UK and Spanish succession laws can ensure your plan is both compliant and effective. Coordinated advice prevents legal conflicts and optimises outcomes for your heirs.

In summary, British expatriates in the Balearics must take a proactive, coordinated approach to estate planning. By understanding the interplay between UK and Spanish law and seeking tailored advice, you can protect your legacy and ensure your wishes are respected.

Change is inevitable, for many it can be unsettling. I am fortunate in that the clients and friends I look after have remained happy to stay with me on their financial journeys. Sometimes that journey can be more expensive than looking after your own affairs but at the end of the day it ensures your wishes are carried out to the best of your intentions.

It makes one appreciate that a client’s commitment to their adviser for the duration of their financial arrangements is fundamental to developing a strong relationship and achieving successful outcomes. It’s what an adviser can help them with that matters, and supporting those requirements over the long-term creates a unique bond. Matching the actual advice and arrangements to a client’s needs should be the highest priority for any adviser.

So what can an Adviser provide:
• Helps maintain perspective (and calm or change) during stock market turbulence.
• Able to explain and problem solve when something goes wrong.
• They provide more accurate news and updates from the real experts, steering clear of the media hype and scaremongering that is everywhere.
• Recommend tax efficient arrangements geared to your lifetime and also very importantly, after it, for your family.
• Have access to investment fund experts who often fare better than self-selected choices.
• Keep you on track as your circumstances change. Nothing ever stays the same, part of life’s rich pattern, so having a hand to hold you through that change can be comforting and supportive.
• Liaise with your tax or legal advisers to ensure your overall interests are protected.

As I reach a period in my work that extends to several decades sadly that involves clients leaving this world for the other and that alone can create enormous problems. If the next of kin are not aware of what to do, of what is required from them or where to seek advice it becomes overwhelming.

When you have friends and clients who have connected with you for many years it is often the financial adviser who can assist in this “miserable” but essential exercise. Most often once affairs are put into order during your lifetime, for those left behind, it provides a huge sense of relief.

Even in my own planning I have to consider working with other Advisers so that the increasing number of clients we look after will be managed effectively for the longer term, in case I disappear on my journey one day.

Most people will benefit from the knowledge and experience of a professional financial adviser, especially if they have a variety of assets. When deciding between working with a financial adviser or doing it yourself, you just need to weigh the benefits against what you could be missing out on.

A big thank you to all our partners and to those that attended the recent open forum in the Hotel Linder Gold, Bendinat, Mallorca.

The Spectrum Group – Susan Worthington, Jonathan Goodman and Patricia Nadal

Prudential International – Edny van den Broek

Currencies Direct – Aldine Tomlinson, Alfonso Rey & Charlotte Park

Our open forum was the perfect format, that produced plenty of attendee interaction which lots of interesting and thought provoking questions from the audience.

We look forward to our next open forum during the coming months focusing on the financial life of an expat living in Spain.

If you would like to be notified about our next event, please contact me at susan.worthington@spectrum-ifa.com

Just recently I returned “home” to continue my work under the wing of The Spectrum IFA Group. Two years ago I moved away thinking I could expand the range of services to offer my clients, but sometimes the grass isn’t greener. However, leaving one base for another also creates time for reflection and, sometimes, realisation that where you were was rather good.

Change is always happening around us, but for some it can be unsettling. I am fortunate in that all my clients and contacts have been happy to stay with me on my journey.

It made me appreciate that a client’s commitment to one adviser for the duration of their financial arrangements is fundamental to developing a strong relationship and achieving successful outcomes. It’s what an adviser can help them with that matters, and supporting those requirements over the long-term creates a unique bond. Matching the actual advice and arrangements to a client’s needs should be the highest priority for any adviser.

So what can an adviser provide:
• Helps maintain perspective (and calm) during stock market turbulence. This is particularly relevant at the time of writing!
• Able to explain and problem solve when something goes wrong.
• They provide more accurate news and updates from the real experts, steering clear of the media hype and scaremongering that is everywhere.
• Recommend tax efficient arrangements geared to your lifetime and also very importantly, after it, for your family.
• Have access to investment fund experts who often fare better than self-selected choices.
• Keep you on track as your circumstances change. Nothing ever stays the same, part of life’s rich pattern, so having a hand to hold you through that change can be comforting and supportive.
• Liaise with your tax or legal advisers to ensure your overall interests are protected.
Not everyone chooses to work with a financial adviser. Some people can’t find one they can work with or trust or just simply prefer to manage their own affairs. Many don’t do anything at all.

It made me check some UK statistics. Did you know that:
• 39% of adults (20.3 million) don’t feel confident managing their own money.
• 11.5 million have less than £100 in savings.
• nearly nine million people are in serious debt, and only around a third receive help.
• Brits who took professional financial advice between 2001 and 2006 enjoyed an average increase in their assets of nearly £48,000 after 10 years, compared to those who took no advice.
• Most millionaires likely use some type of financial adviser to grow and protect their wealth.

According to a recent report from Prudential, more than half – 53% – of UK adults say that financial problems and changed circumstances over the last 12 months have caused them to seek financial advice. Of this figure, 33% have already sought financial advice, whilst the remaining 20% are planning to do so.

Most people will benefit from the knowledge and experience of a professional financial adviser, especially if they have a variety of assets. When deciding between working with a financial adviser or doing it yourself, you just need to weigh the benefits against what you could be missing out on. Just a thought…….!