Making a will and arranging power of attorney are easy tasks to put off. But long-time Costa del Sol expat Steve Marshall is urging residents to stop delaying and get their affairs in order while they still can. Procedures in time of stress are very different in Spain, and there are lawyers just waiting for your partner’s worst moment.
“As we get older this is something we know we should do but for many of us we tend to put it off in the belief that there’s plenty of time. So it goes on the ‘back burner’,” he writes. “That’s all well and good if you could see the future – but you can’t. So if you have yet to make your will and assign Power of Attorney I urge you to do that without further delay.”
Why planning ahead matters
Marshall says he has watched people’s health and abilities deteriorate over the years, sometimes gradually and sometimes following a serious illness or hospital stay. “It starts gradually. A little forgetfulness now and again. Walking into a room and wondering what you were doing there!”
He warns that a prolonged hospital stay, often following a fall, can make existing difficulties worse. “If anything like this has happened to you please talk to your family while you have the ability to think clearly,” he advises.
British expats may need to consider Spain and the UK
For people with property, savings or other assets in both countries, getting the right legal advice is particularly important. The UK government has published a guide to planning for later life as a British person in Spain, covering wills, estate planning and powers of attorney.
“Making a will is an act of care and love for family and friends. It is not just a preparation for death,” Marshall says. Without appropriate arrangements, settling an estate can become more complicated, and assets may not be distributed as the person intended.
Having close relatives does not automatically give them authority to manage someone’s finances or make decisions on their behalf if that person loses the ability to do so. Marshall urges readers to take professional legal advice, consider how they want their assets distributed and make suitable arrangements for both Spain and the UK where necessary.
A Spanish will and a UK will need to be considered carefully together, while powers of attorney are subject to separate rules and may require specific formalities to be recognised across borders. EWN has also examined what expats in Spain should know before naming a charity in their will.
Don’t leave it until it’s too late
Planning ahead can help families understand a person’s wishes and avoid unnecessary complications at an already difficult time. Marshall’s message is straightforward: don’t assume there will always be time to deal with these matters later. “Please don’t wait until it’s too late. A little planning now, while you are still able, can spare your family considerable distress tomorrow.”
Readers can also find information about making a lasting power of attorney in England and Wales on the UK government website. British expats should take advice on the arrangements needed for their own circumstances in Spain.