Your summer estate planning update. The following information could save your family time, money and considerable distress.
As the summer season reaches its peak and many of us prepare to head off on holiday, our minds turn to relaxation and quality time with family. It is also one of the most opportune moments to make sure your affairs are in order. Here is a round up of the most important estate planning news for British expats in Spain this summer.
We want to keep you informed of a significant change to UK tax legislation that will affect how pension funds are treated on death.
From 6 April 2027, most unused pension funds and pension death benefits will be included in the value of your estate for Inheritance Tax (IHT) purposes. Currently many pension assets fall outside an individual’s estate. Under the new rules they will be counted alongside your other assets, such as property and savings, when calculating any potential IHT liability.
Estate valuation: if the total value of your estate, including your pensions, exceeds the IHT threshold, the excess may be subject to a 40% tax charge.
Exemptions: assets left to a spouse, civil partner or registered charity will generally remain exempt from IHT.
Death in service: benefits paid from a registered death in service scheme remain excluded from this new rule.
While 2027 may seem distant, these changes could impact your current estate planning strategy. It is worth reviewing your existing Will and wider asset distribution plan now to make sure it remains as tax efficient as possible.
England’s recent runs in major tournaments have given us plenty of nail-biting, last-second drama. It makes for legendary football, but leaving it late is a dangerous strategy when it comes to your estate.
Waiting until the last minute, often prompted by a health scare, means you lose the ability to put effective strategies in place that need time to work, such as gifting or certain trust structures. Rushing also leads to avoidable mistakes: a set and forget Will that ignores changes in tax law or family circumstances, the risks of intestacy, or missing Lasting Powers of Attorney. The best planning is done when you are calm, healthy and in control, not under the pressure of a ticking clock.
Like a champion at Wimbledon, effective Property Trust management is defined by long-term preparation, high standards and the ability to navigate complex situations.
A Property Trust acts as a strategic barrier, protecting your main assets from risks such as creditors or the uncertainty of future care costs. It also lets you set the rules for how your property is used and who benefits from it, even after you are gone, reducing the likelihood of costly family disputes. Trusts are not tools to be rushed. They need a solid legal foundation and professional guidance to align with current UK tax rules and your long-term goals.
Stepping away from the daily grind gives a rare moment of clarity, and holidays are often when you spend the most sustained time with family. That makes it the ideal opportunity to look at the big picture and make sure your estate plan reflects your current wishes.
For British expats, travelling abroad also means navigating different legal and tax jurisdictions. Knowing that your Will, Lasting Powers of Attorney and cross-border inheritance plans are up to date allows you to travel with real peace of mind. Use your time away to note any changes needed, then return home ready to put them in place.
Registering a Lasting Power of Attorney (LPA) is one of the most critical, yet often overlooked, parts of a robust estate plan. While a Will dictates what happens after you pass away, an LPA dictates what happens while you are still here but unable to make your own decisions.
It avoids legal limbo: without a registered LPA, if you lose capacity your family cannot simply step in. They must apply to the Court of Protection, a process that is far more expensive, time consuming and stressful, and can leave your finances frozen for months.
Control stays with you: an LPA lets you choose the people you trust to act on your behalf, and include specific instructions they must follow.
Cross-border cover: for clients living in Spain, a registered UK LPA plus a Spanish Power of Attorney and an Advance Directive for health provide a vital layer of protection that bridges both homes.
An unregistered LPA is just paper. A registered LPA is a powerful, protective tool, ready the moment it is needed.
The team at Thy Will Be Done is here to help. Call free on 0800 668 11 64 or the office on 01903 900257 to book a free appointment and discuss your particular situation.
