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New Spanish Will Laws from 17th of August

If there is not Will and you die intestate, then the assets will be distributed as per intestacy laws.

Following the proposals by the European Commission there is now a new regulation which will come into force in Spain from August 17th.   This new regulation is being introduced to simplify the situation regarding inheritance law where more than one European country is involved.

So which law will be applied in Spain?  At the moment the law specifies that the law applicable for inheritance is the law of the country of the nationality of the deceased.  From August 17th however this will change as from then the law of the country where the  deceased was habitually resident would apply.

This means that for a Spanish resident in general the laws of succession of Spain will apply.  Since Spain´s laws of succession are also based on the Napoleonic laws, this means that for example in general children are favoured over spouses.  Also, there is no freedom of choice regarding who would inherit, the children may have the legal right to inherit 2/3 of the assets.

The new regulation however also allows a person to choose which inheritance law should be applied at the time of death in case multiple jurisdictions are involved.  This should be expressly specified in writing beforehand, for example in the Will.  Therefore if you want the laws of succession of your home country to be applied, it is imperative that you ensure that this is specifically mentioned in your will.

If a will does not specify this , and you do not want it to be governed by the Spanish Inheritance Law, then we would recommend that you consider making a new will to avoid future problems.

How you want your assets to be distributed is one thing.  How they will be taxed is another, and again an issue where many people are confused about.

Expert advice should always be sought.  Contact us now for a financial health check and see how these changes affect you.  Make sure your assets are structured in the most efficient way and end up in the hands of the beneficiaries of your choice.

Article by Tim Govaerts – Regional Manager Costa del Sol

This communication is for informational purposes only and is not intended to constitute, and should not be construed as, investment advice, investment recommendations or investment research. You should seek advice from a professional adviser before embarking on any financial planning activity. Whilst every effort has been made to ensure the information contained in this communication is correct, we are not responsible for any errors or omissions.

Other News

Final salary pensions – why now is a good time to cash in

Juicy lottery-sized sums are being offered to savers to tempt them out of gold-plated workplace pension schemes and into personal plans. We’ve explored whether you should consider taking a final salary pension, as well as the benefits and drawbacks of withdrawing.

What is a final salary pension?

A final salary pension, sometimes referred to as a gold-plated pension, is a special style of retirement fund that is based on your final or average salary.

The main difference between this and a defined contribution pension is that a final salary scheme gives you a guaranteed sum annually for the rest of your life when you retire.

To work out the value of your final salary scheme, consider a few factors: 

  1. Your final or average salary at your place of employment (confirm this with your employer)
  2. Your length of service
  3. The final salary scheme’s accrual rate (this is often 1/80th)

Your final salary pension will take each factor into account, and the resulting figure will be the guaranteed annual sum you are entitled to.

For instance, if you worked somewhere for ten years, and leave on a salary of £100,000, with an accrual rate of 1/80th, you will have a guaranteed retired annual income of £12,500.

It is possible to undertake a final salary pension transfer. Depending upon how long you expect to enjoy retirement, this could be a favourable choice. However, it’s important to consult a financial advisor to make your final salary pension transfer values work harder.

What are the benefits of transferring a final salary pension?

Assessing your final salary pension transfer value, you might consider it worthwhile to withdraw. We’ve outlined the main benefits of taking your final salary pension:

Receive the cash value of your final salary pension

Withdrawing from a final salary scheme allows you to receive a cash lump sum in return for forfeiting your guaranteed income in retirement. This final salary pension transfer value is the main reason to withdraw from a scheme, as it offers you financial freedom.

Remove ties with your employer

This is an especially important point if you’re concerned that your employer may not exist throughout your full retirement. For most, the pension protection fund (PPF) will cover your pension, but, for especially high earners, there is a PPF ceiling of £41,461 (as of April 2020).

Enjoy a flexible income in your retirement

A final salary scheme entitles you to a guaranteed annual income when you retire, but if you go down the route of transferring your final salary pension you will be able to enjoy a little more flexibility in how you receive your income. Usefully, by withdrawing from your final salary scheme, you can choose to take more out in your younger years.

Choose how you want to invest your pension

A final salary scheme is controlled tightly to accommodate all employees and their interests. When withdrawing from the scheme, however, you can take complete control over how your pension fund is invested.

The considerations you should make before transferring your final salary pension

While there are certainly benefits of going down the route of transferring final salary pension funds into various other pots, it’s important to consider what you’ll be giving up:

  • Entitlement to a fixed annual income for the rest of your life
  • A safe income that doesn’t fluctuate with volatile markets and share prices
  • Spousal and family benefits that come with a final salary scheme

 Example: Should I cash in my final salary pension?

An example is Mrs Dee (not her real name), 4 years ago she asked for her final salary transfer values, which came in at £250,000 – a nice sum, you may think. After reviewing all the facts and figures available, however, I advised Mrs Dee to leave her final salary pension where it was, which she duly did.

Towards the end of last year, because of favourable market conditions, I applied again to see the value of transferring her final salary . This one came in at just under £600,000.

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January is often a time for reflection, and this year there has been plenty to consider. Over the last couple of years we have faced a global pandemic, quickly followed by the war between Russia and Ukraine, and global inflation issues. The cumulative effect of global concerns has led to a lot of financial worries […]

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