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Date Published: 04/03/2026

5 essential estate planning considerations for British expats in Spain from Thy Will Be Done

Thy Will Be Done breaks down the five things British expats in Spain really shouldn't overlook when it comes to protecting their family's future

For British nationals living in Spain, having a solid estate plan in place is one of the most important things you can do for the people you love. Without one, families can find themselves facing unnecessary legal headaches, tax complications and potential disputes at what is already an incredibly difficult time.

Thy Will Be Done specialises in helping British families navigate this often complex area of Spanish law, with an English-speaking legal team that has extensive experience in getting everything in order.

Here are five things they say every expat in Spain should be thinking about.

1. The usufruct clause in your Spanish Will

If you have a property and are concerned about your partner remarrying after your death, changing their Will and effectively disinheriting your chosen beneficiaries, then you need to put an usufruct in your Will to prevent this.

Thy Will Be Done can add this clause to an existing Will they've already prepared for just €99, or completely free of charge for clients who hold Priority Client Cover.

It's also worth noting that if an usufruct is already in place but you've moved since the Will was written, it will need updating, as it won't be valid at the new address.

Again, that's €99 without Priority Client Cover, or free for those who have it.

2. Powers of Attorney

With people living longer than ever before, the chances of developing dementia or losing mental capacity at some point have increased significantly, and it's something none of us can afford to ignore.

Thy Will Be Done strongly recommends arranging a Power of Attorney for Finance, which lets you choose who will handle your affairs if you're no longer able to do so yourself.

An Advance Directive for health is equally important, giving someone you trust the ability to communicate your wishes to medical professionals regarding things like resuscitation, euthanasia and the use of trial medications if you're ever unable to speak for yourself. Clients with Priority Client Cover can arrange both of these at half price.

3. Stepchildren and inheritance tax

If you're planning to leave part or all of your Spanish estate to stepchildren, it's important to know that they won't benefit from the same inheritance tax breaks that biological children receive in Spain, and the tax bill can be significant.

One way around this is to look into formally adopting them in Spain, which would give them the same legal status as natural children and the tax advantages that come with that.

4. UK assets

It's surprisingly common for British expats in Spain to still have bank accounts, property or investments back in the UK and if that applies to you, an up-to-date UK Will covering those assets is absolutely essential.

Without one, you could die intestate in the UK, which creates a considerable amount of extra stress and legal difficulty for your beneficiaries at the worst possible time.

Thy Will Be Done can prepare a Will for the relevant UK legal jurisdiction and can also include Trusts where additional protection is needed.

For clients with Priority Client Cover, UK Wills are available at half price, meaning the cost can be as low as just €49.50 including IVA per person.

5. Priority Client Cover

Thy Will Be Done has mentioned Priority Client Cover several times throughout this piece, and for good reason. For just €4.99 a month, it's a remarkably affordable way to make life significantly easier for your family after you're gone.

With Priority Client Cover in place, UK-based beneficiaries won't need to travel to Spain to sort out an NIE number (which is required before anyone can inherit anything here), as the UK office handles that for them. The team also manages all aspects of Spanish probate in English from the UK side, while the Spanish office deals with the local authorities directly.

There's no need for your family to track down a Spanish solicitor, no translation costs and no Power of Attorney fees to worry about either.

On top of all that, the probate fee is just 1.16% plus IVA, compared to the 3-4% typically charged by Spanish solicitors, which can represent a saving of thousands of euros.

There's no contract involved and no long-term commitment. Payments come out by direct debit each month and cover starts immediately, even before the first payment has been taken. If you move back to the UK, you can stop it straight away, and if you're a couple, the surviving partner's cover simply continues while the other payment stops automatically.

To find out more about Thy Will Be Done and how they can help protect your family's future, visit the website, complete the secure contact form below or call the team on 865 756 058.

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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.