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Undecided UK and/or Spanish wills

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  • Undecided UK and/or Spanish wills

    Hi everyone,

    I am in the process of writing a will but my “complex” personal circumstances and the fact that I want to “utilise” all rules at my disposal so my son can inherit my state paying as little tax as possible are delaying me from completing one.
    Here it goes:
    I am a dual citizen (hold British and Spanish passport) married to a Spanish citizen and we have a 17-year-old son also with dual citizenship (British and Spanish). We have been living in England for the last 22 years. We have a house where we live in England and a handful of bank accounts. In Spain we also have another property and another bank account. Both properties are in both our names. As I said, we have been working and living in England but my wife and I are still registered as living in our hometowns in Spain (“empadronados” in Spanish terminology). I mention this as it may be relevant in order to stablish our residency or domicile. I would also say that we dream of retiring in Spain so hopefully in 20 years time we will move to Spain.
    There is something I need to confess too: both my wife and I agree that we have to stipulate particular details to avoid the sideways disinheritance trap and to protect from care costs (partly and without accounting depravation of assets).

    I have been reading different literature and there are a few considerations/questions I need to make:
    1. I believe I’ll be better off making two different wills: One in the UK to protect English assets and another one in Spain to protect Spanish.
    2. However, which one is written before seems important as they could invalidate each other.
    3. Also, do they have to explicitly state what country’s legislation are they going to follow?
    4. To protect my son for the sideways disinheritance trap, do we need to include a life interest trust? Which type?
    Anyway, I would be very grateful if someone could share some light and explain what course of action would be best for me taking into account my personal circumstances. Thank you all.

    Last edited by spiderman01; 3rd November 2020, 10:22:AM.

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