Member talk: cross-border issues

This series of bitesize videos, exclusive to Private Client Solicitors Section members, is delivered by experts to support you in giving the best possible legal advice to your clients.

Cross-Border Succession Planning: A Discussion Between an English Lawyer and a Spanish Lawyer

An English lawyer has a client who owns property in Spain and seeks legal advice on succession. They ask a Spanish lawyer a series of questions to understand how to structure their client’s estate efficiently.

Our speakers discuss Article 22 of the EU Succession Regulation, how domicile and residency play a crucial role in determining inheritance tax liabilities and how inheritance tax is handled in Spain compared to England.

They also explore statutory legacies in Spain and what the options are when drafting a will, whether the client should have one will or separate wills for Spain and England, and what information should be retained to assist with probate in both jurisdictions.

Speakers include:

• Paul Clark, Managing Director & Solicitor at Spall Clark Solicitors and Private Client Solicitors Section Advisory Committee Member
• Alberto Perez Cedillo, Founding Partner of Alberto Perez Cedillo Spanish Lawyers and Solicitors

Cross-Border Rectification Claims

Speakers include:

• Aidan Briggs, Barrister, New Square Chambers
• Dr. Sarah Egan, Barrister, New Square Chambers

Financial Abuse

Learn to spot the red flags that could indicate financial abuse and the common mistakes solicitors make when advising clients on gifts and wills.

Our speakers cover the issues to consider if you suspect financial abuse; the overlooked arguments of unconscionable bargain and equitable mistake; the cases they see most often; the worst mistakes you can make as an adviser and how LPAs are frequently misused. They will also explore the case law on three key elements – capacity; undue influence and equitable mistake.

Speakers include:

• Andrew Bishop, Partner, Rothley Law
• Sarah Harrison, Barrister, Park Lane Plowden Chambers

Cross-border challenges in mental capacity

How can you effectively manage the affairs of clients who have lost mental capacity and have assets across different jurisdictions? 

Our speakers will explore differences between England and Scotland in how mental capacity is defined; how processes differ and possible solutions in Powers of Attorney; Guardianship Orders and Intervention Orders.   

They will also look at the processes across other international jurisdictions, what is recognised in the UK and share their top tips for managing client assets. 

Speakers include: 

Kathleen McArthur, Solicitor, Wright, Johnston and Mackenzie  

Lucy Erdman-Samy, Senior Associate Solicitor, Irwin Mitchell 

These videos were recorded on the following dates:

• 14 March 2025: Cross-Border Succession Planning: A Discussion Between an English Lawyer and a Spanish Lawyer
• 14 March 2025: Cross-Border Rectification Claims
• 17 April 2025: Financial Abuse
• 22 May 2025: Cross-border challenges in mental capacity