Welcome

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Wills

Granting a will for your existing assets in Spain is a highly advisable decision in order to facilitate the succession procedure for your future heirs and avoid discrepancies between your testamentary provisions granted in different countries.

A very common mistake is to execute a new will without taking into account the wills previously executed in other countries. It is important to review the content of the wills with an expert to avoid surprises and end up revoking wills that we do not want.

It is not necessary for you to travel to Spain to sign the will before a Spanish notary. I can be in charge of preparing said document so that it complies with all the formalities in Spain and in this way you can sign it before a Notary from the United Kingdom. Subsequently, said document will be registered in the Public Registry of Last Wills similar to the Central Registry of Last Wills and Testaments.

It is a simple and quick procedure.

• Services regarding wills:

i) Review and study of wills granted in Spain, the United Kingdom and other countries;

ii) Preparation of double column English-Spanish wills to be signed in Spain, the United Kingdom or third countries;

iii) Registration of the will in the Registry of Last Wills in Spain;

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Inheritances

Dealing with the inheritance of a family member can be an exhausting procedure for you as you are not familiar with the existing legal formalities in Spain as well as the necessary documentation.

The first deadline that many heirs are unaware of is that they have 6 months from the death of their family member, relative or friend to settle and submit the Inheritance Tax in Spain.

It is advisable to have good advice during the inheritance procedure that allows you to understand all the phases, legal deadlines and taxes to pay.

• Inheritance services:

i) Review and obtain the documentation to deal with the inheritance;

ii) Request for extensión on the payment of the Inheritance and Gift Tax;

iii) Obtaining Certificates of Last Wills Registry and Life Insurance;

iv) Preparation before a Notary of the corresponding Deed of Acceptance and Adjudication of Inheritance, Declaration of intestate heirs, etc.

v) Payment of Inheritance and Gift Tax in Spain;

vi) Registration, if applicable, of the Inheritance Deed in the Land Registry;

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Gifts and life interest

A gift is one of the best-known mechanisms to benefit a family member (especially children),
whether it takes the form of real estate or money (cash).

In most Autonomous Communities there are a series of tax bonuses and reductions that allow gifts to be considered as an advantageous mechanism to transfer ownership of a property, however, the expenses and taxes for the donor and donee must be taken into account.

Like wills, it is possible to make the gift abroad, so it is not necessary for both parties to travel to Spain.

It is possible that the donor transfers his property in exchange for reserving the right to use and enjoy the property until his death. This figure provides a certain guarantee to the beneficial owner, since they will even be able to rent the property and receive the income.

• Services regarding gifts and life interest:

i) Review documentation and preparation of fiscal scenarios for the gift;

ii) Preparation before a Notary of the respective Deed of Gift or Gift with life interest;

iii) Payment of Gift Tax in Spain;

iv) Registration, if applicable, of the Deed of Gift in the Land Registry;

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Purchase/Sale of properties

The purchase of a property, whether a home or a commercial premises, is an operation of special importance for you, so it is essential to have an independent professional before signing any contractual document, whether from a real estate agency, agent, etc.

The contractual information that may be provided to you in regards the property may not correspond to reality, which is why it is necessary to carry out a series of prior checks (registration, urban planning, etc.) to ensure that you know what you are buying and avoid surprises (possible extraordinary fees, buildings under construction, non-coincidence of square meters, etc.).

• Real estate services:

i) Preparation and study of reservation and deposit contracts;

ii) Obtaining the NIE for the buyer/seller;

iii) Legal analysis of the property being purchased (due diligence);

iv) Preparation of the deed of purchase/sale and assistance before a Notary;

v) Payment of taxes derived from the sale (Property Transfer Tax, Municipal Plusvalia Tax, Capital Gains, 3% Non Resident Withholding Tax);

vi) Registration of the deed of purchase in the Land Registry;

vii) Post-sales procedures (change of electricity bill, water bill, community of owners, Cadastre, Garbage, etc.)

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Extinction of joint property

In addition to gift and sale, there are other legal figures to transfer ownership of a property in
those cases in which there are several owners, such as the extinction of joint property.

This operation can be carried out voluntarily, that is, by agreement with the rest of the

co-owners or by going to court, in the event of disagreements. It is common for these to be owners who bought or inherited a property jointly.

• Services regarding joint property extinction:

i) Review of documentation and preparation of fiscal scenarios for the gift;

ii) Preparation before a Notary of the corresponding Deed of Extinction of Joint Property;

iii) Payment of the corresponding Stamp DutyTax;

iv) Registration, if applicable, of the Deed of Extinction of Joint Property in the Land Registry;

v) Preparation of the corresponding writ for the division of the joint property;

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Leases – Holiday Lettings

When leasing a home or business premises, it is important to take into account all the elements included in our legal system to avoid misunderstandings in the event of disagreements with your tenant or your landlord, whether unwanted extensions, maintenance and repair of damages, non-return of deposits, non-payment of rent, etc.

If you wish to dedicate a property you own to holiday lettings (“Vivienda Vacacional”), it is essential to check that it complies with all legal requirements and has the necessary documentation.

I can manage the necessary documentation and present it to the competent Organism of the
Autonomous Community for the purposes of obtaining a holiday letting authorization for your property.

• Lease/ holiday letting services:

i) Preparation and study of lease contracts for habitual residence, seasonal, lease of commercial premises, etc.;

ii) Request and obtain the necessary documentation to register a holiday letting home with the competent body;

iii) Extensions and termination of lease contracts;

iv) Proceedings for claiming rents and eviction due to non-payment of rent;

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Visas, residence permits and Spanish nationality

There are different residence permits and visas so that you can legally reside and work in Spain, start a business, join your family, etc.

After the entry into force of the Agreement to withdraw the United Kingdom from the European Union (“Brexit”), a question that many Britons ask is how to spend more than 180 days in Spain. This is possible, however, it is necessary to take into account the personal circumstances of each applicant and, above all, assess whether it is beneficial to be a tax resident in Spain or not.

An agile and fast mechanism that the Spanish Government introduced in 2013 through the famous Law to support entrepreneurs and their internationalization was the well-known “Golden Visa”. This visa/residence permit especially makes it easier for investors to acquire residency in Spain within a period of 20 days.

In addition, I am in charge of processing Spanish nationality files before the Bar Association, which allows this process to be expedited.

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• Immigration services:

i) Application for a European Union Citizen Registration Card;

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ii) Application for a residence card for a Community family member;

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iii) Application for Spanish nationality;

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iv) Application for a non-profit residence visa;

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v) Application for a residence and work permit for investors (“Golden Visa”);

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vi) Application for a residence permit for digital nomads;

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vii) Identity Card Application for British citizens;

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viii) Application for a residence and work permit as an employee or self-employed;

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ix) Renewals/extensions of residence and work permits;

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Family

The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union has been a turning point in terms of judicial cooperation. Prior to Brexit, the recognition and execution of sentences related to separation, divorce, claims for maintenance, custody, visits, etc. was much simpler (it did not require the famous exequatur procedure). As of today, all procedures initiated after 1 January 2021 will be obliged to comply with the internal regulations of each country. In Spain, the Organic Law of the Judiciary, Law 29/2015 on international legal cooperation for the recognition and execution of judgments and Law 20/2011 of 21 July on the Civil Registry, among others, will have to be applied.

Regarding disagreements that arise within a marital or extramarital relationship, it is important that you know your rights and obligations in order to reach an amicable solution for all members of the family unit, especially for minors. If this is not possible, a judge will have to decide aspects such as custody, alimony, visits, etc.

• Family law services:

i) Preparation of settlement agreements;

ii) Assistance and preparation with a Notary for divorce by mutual agreement;

iii) Preparation of a lawsuit for separation and contentious divorce proceedings;

iv) Recognition and enforcement of foreign judgments;

v) Modification of parent-child measures;

vi) Dissolution of community/joint of property;