SPANISH LAW SERVICES
FOR INDIVIDUALS
1Â
Spanish Probate
We understand the difficulty of a bereavement and we will try to make the process as simple as possible. We have estensive experience in the field of Spanish Probate and we will guide, advise and assist the executors and beneficiaries of a Spanish estate throughout the whole process until completion of the matter. If a deceased left a property and/or assets in Spain such as bank accounts, cars, shares, etc., we can obtain and prepare all the necessary documentation to administer the estate, whether the deceased left an English or Spanish Will or died without a Will and have the estate transferred to the beneficiaries. If the deceased owns a property in Spain, the property cannot be sold until the Spanish Probate process has been completed As part of the Spanish Probate process we can: • Gather all the necessary documentation from Spain and the UK • Translate and legalise the death certificate • Apply for Spanish NIE numbers for the executors and beneficiaries • Prepare a Declaration of Heirs if the deceased died intestate (without a Will) • Prepare the Deed of Acceptance of the Spanish estate • Inform you of the amount of inheritance tax due in Spain and assist you with filling the Spanish IHT Self-Assessment and plusvalia tax declaration • Have the property registered on the name of the beneficiaries at the Land Regstry in Spain. We can also advise and assist with any subsequent sale of the property in Spain.
2
Spanish Conveyancing
Purchase of property in Spain
We can assist and advise on the purchase of properties in Spain. Completion of the purchase takes place at a notary’s office, usually in Spain, the buyer and the vendor must be present or represented by means of a Power of Attorney and sign the Deed of Transfer in the presence of a Notary Public. Payment of the price is usually made simultaneously upon the signing of the Deed of Transfer. Both, buyer and vendor must hold a Spanish NIE number to complete the transfer. As part of our services we can: • Take your instructions • Request the relevant documentation from the vendor’s lawyer and the estate agent • Carry out standard searches on the property, which includes applying for office copy entries to the Land Registry to verify ownership and registered charges on the property • Check and advise you on the planning situation of the property • Draft the purchase contract or advise you and negotiate the contract prepared by the vendor’s lawyer • Exchange contracts and agree a completion date • Apply for your Spanish NIE number • Advise you on the relevant arrangements to pay for the property and on the taxes and expenses payable on completion • Liaise with the notary in Spain and the vendor’s lawyer to make arrangements for completion in Spain • Receive and review the draft Deed of Transfer and agree the final draft with all parties invoved before completion at the notary’s office in Spain • Deal with payment of Spanish notary’s fees and Spanish Transfer Tax. • Deal with registration of the Deed of Transfer at the Land Registry and payment of Land Registry fees in due course.
Sale of property in Spain
We can assist and advise on the sale of properties in Spain. Completion of the sale takes place at a notary’s office, usually in Spain, the buyer and the vendor must be present or represented by means of a Power of Attorney and sign the Deed of Transfer in the presence of a Notary Public. Payment of the neet proceeds of sale is usually made simultaneously upon the signing of the Deed of Transfer. Both, buyer and vendor must hold a Spanish NIE number to complete the transfer. As part of our services we can: • Take your instructions • Request the relevant documentation from you and the estate agent • Carry out standard searches on the property, which includes applying for office copy entries to the Land Registry to verify ownership and registered charges on the property • Request and obtain further planning documentation and certificates if required • Check and advise you on the planning situation of the property • Draft the sale contract or advise you and negotiate the contract prepared by the buyer’s lawyer • Exchange contracts and agree a completion date • Apply for your Spanish NIE number if you do not hold one • Advise you on the relevant arrangements for payment of the proceeds of sale by the buyer and on the taxes and expenses payable by you on completion • Liaise with the notary in Spain and the buyer’s lawyer to make arrangements for completion in Spain • Receive and review the draft Deed of Transfer and agree the final draft with all parties invoved before completion at the notary’s office in Spain • Request from the lawyer acting for the buyer evidence of payment of plusvalia tax and withholding tax (if applicable) We can also assist you with calculating, filling and paying the relevant Spanish Capital Gain Tax (CGT) Self-Assessment and advise you on the supporting documentation you will need to provide to the Spanish Tax Authorities with the CGT Self-Assessment.
3
Spanish Wills
If you own property and/or assets in Spain it is advisable to have a separate Spanish Will dealing with such assets, even if you have a valid Will in England. The EU Succession Regulation (EU 650/2012), which is applicable in Spain, was introduced to unify succession laws across EU member states. Such Regulation allows for an individual to choose in their Will for the law of their nationality to apply to their succession in Spain. Services we offer include: • Preparing your Spanish Will in English and Spanish making sure that it does not revoke your English Will. • Notarising and legalising your Spanish Will. • Register your Spanish Will at the General Registry of Last Will in Spain. • Advise you on Spanish inheritance tax rules.
4Â
Spanish Visa Applications
British citizens who want to move to Spain to live, work or study must have a valid visa. We advise and assist on the visa application and supporting documentation via the Spanish Consulate in London in respect of: • Non-lucrative visa • Digital nomad visa • Investor visa • Work visa • Sutdy visa
5
Spanish Citizenship Applications
If any of your parents or grandparents (for applications submitted by 21 October 2024) are Spanish you may qualify to apply for Spanish citizenship. We advise and assist on Spanish citizenship applications and supporting documentation. If you are a Spanish citizen by birth and obtained British citizenship you must sign at the Spanish Consulate a declaration to keep your Spanish citizenship. The deadline to sign such declaration is within 3 years from obtaing British citizenship or within 3 years from reaching 18 years of age (if British citizenship was obtained by a minor), if the declaration is not signed within such period you will lose your Spanish citizenship. We advise and assist with the necessary documentation to sign the relevant declaration at the Spanish Consulate to keep your Spanish citizenship. We also advise ans assist with applications to reinstate your Spanish citizenship if lost as a result of obtaining British citizenship.
6
Spanish NIE Number Applications for Individuals
A Spanish NIE number is a tax identification code for individuals who are non-Spanish citizens. You must have a Spanish NIE number, amongst other things, to: • Buy or sell property in Spain • Register utility bills of your Spanish property under your name • Open a bank account • Pay for taxes in Spain • Apply for a visa • Work and study in Spain We can prepare, notarise the necessary documents and apply for a NIE number on your behalf at the Spanish Consulate. We can also attend the Spanish Consulate with you to asisst you with the application. The NIE number is issued approximately within 2 weeks from submitting the application. We can also prepare and notarise the necessary documents to apply for a NIE number on your behalf.
7
Transfer of property in Spain as a result of divorce/dissolution of civil partnership in the UK
If both spouses or civil partners co-own a property in Spain and divorce or dissolve their civil partnership in the UK, as part of the divorce or dissolution of civil partnership proceedings the UK Court will issue a Consent Order whereby the parties agree who will keep the property in Spain. To implement the divorce agreement in Spain it is necessary to sign a Deed of Transfer of the Spanish property in the presence of a Notary Public, file the relevant Spanish Stamp Duty Tax Form and register the transfer at the Land Registry in Spain. We can assist and advise on the procedure, translate the relevant documents and prepare the Deed of Transfer to be signed at our office, assist with filing the relevant Spanish Stamp Duty Tax Form and register the transfer at the Land Registry in Spain.
