Legal

On this page, you can find articles related to legalities in Spain. Explore information on the Spanish legal proceedings, and discover our expertise in Spanish law.

Getting married in Spain as an expat

Are you a non-Spanish resident considering tying the knot in Spain? Thanks to its stunning landscapes and vibrant culture, Spain is often called a land of love. But is getting married in Spain as an expat an option? It is. While non-Spanish residents’ marriage in Spain might appear intense, the process is quite simple.

In this blog post, we’ll explore all of the necessary steps required for couples who are not Spanish residents but still wish to have their special day on foreign soil. So come along with us and find out all about getting married in Spain as an expat.

Wedding categories in Spain

Spain has three wedding categories: civil, catholic, and symbolic. Only two weddings, the civil and catholic weddings are the only type of union or wedding ceremony that is legally accepted. Civil weddings are conducted by the local civil registry office in Spain, while Catholic weddings occur with a priest or bishop at the church or chapel. On the other hand, symbolic weddings are conducted away from the local civil registry office and are more of a symbolic marriage than a legal one. Other marriage options include civil partnership and civil union.

9 Tips on getting married in Spain as an expat

Getting married in Spain as an expat

1. Check the requirements at the civil registry office

The first step towards getting married in Spain as an expat is to visit the local civil registry office. Usually, the Spanish civil registry office requires the following documents:

  • Birth certificate and civil status document
  • Marriage certificate for both parties if previously married
  • Proof of marital status (divorced, widow, or single). In some cases, an affidavit may be required
  • All the documents must be translated into Spanish and notarized at the Spanish Consulate in your home country

2. Prepare all the required documents

Compiling all the necessary documents with your partner is the most critical action in this process. Without a complete and accurate set of paperwork, you can expect an inevitable rejection from authorities. Some documents can take up to four weeks and may require several bureaucratic steps to be obtained. To be legally married in Spain, you must also have your residency permits and a confirmation from the local police station.

3. Submit all the documents at the civil registry

Once all the required documents are in order, it’s time to head to the civil registry office for an official marriage. It is important to remember that submit all documents in person, and no agency or lawyer can take your place. Upon arrival, fill out basic information on the form provided and attach the necessary documents. After review and acceptance of all paperwork, a reserved hearing will be set for both parties to confirm their wishes to marry in Spain. The civil registry or a local civil registry office is an institution that records vital events such as births, civil marriage, and death. In Spain, this is the office responsible for registering all marriages between Spanish citizens and non-Spanish residents.

4. Interview

After you go to the civil registry, a reserved hearing will be scheduled for you to authenticate your marriage through an interrogation. Both parties must present themselves in person at the civil registry. The interview process includes questions related to the address and nationality of both partners. In mixed marriages, this process may also involve a translation service to ensure that both parties understand each other’s language correctly before affirming their union.

5. The civil wedding

Once all the documentation is in order, a date for the civil wedding can be set. Civil ceremonies take place at the local town hall or civil registry office. The wedding ceremony is brief, typically lasting around 20 minutes. To be eligible to wed, both the bride and groom must meet two fundamental requirements: they must be of legal age (at least 18 years old) and declare their voluntary and intelligent consent for marriage. Furthermore, for civil ceremonies in Spain, one of the partners should either possess Spanish citizenship or have lived in Spain consecutively for a minimum period of two years.

6. Wedding planners and wedding services

Although it is possible to get married in Spain without the help of a professional wedding planner, some couples prefer to hire one. This will help you navigate the legal process, plan and organize all aspects of your wedding ceremony. Professional wedding planners can also assist in finding the right location and arranging all the paperwork. 

7. Planning a Catholic Wedding in Spain

If you’re planning to have a Catholic wedding in Spain, you should meet some additional requirements. The wedding has to occur at the local parish or chapel and have a priest or bishop officiating.

To get married in Spain at a church, you need to meet certain requirements set by the local parish and the Catholic Church. You should speak with a priest from the church to understand what is required for a Catholic wedding in Spain. Generally, you will need the following documents:

  • Baptismal certificate (from a Catholic Church)
  • Verification of Freedom to Marry
  • Pre-nuptial inquiry results
  • Confirmation certificates issued by your priest or bishop

Obtaining these documents can take up to four weeks and you should have them before the wedding date. Once all the paperwork is in place, the parish priest will have to set up a reserved hearing. It is important to note that in some cases, a Catholic wedding may not be allowed if one of the parties is not Catholic. In this case, a mixed marriage may be allowed if both parties are willing to sign a statement of faith.

8. The local Spanish civil registry

This office is the official place for getting married in Spain. The local civil registry will require all the documents mentioned above to be presented and any other additional documents they may require. You must present a family book (Libro de Familia) at the local registry office. This document records all the vital information about your marriage, including birth and death certificates, civil status, divorce decrees, etc.

9. Symbolic ceremony

Some couples may opt for a symbolic ceremony, which is not legally binding. This type of ceremony does not require any official paperwork, but it is necessary to have a permit from the local town hall or the national police station. This type of ceremony can take place anywhere, from the beach to the mountains, with both religious and civil elements.

With a symbolic ceremony, you can customize your wedding to reflect exactly what you and your partner want. Incorporate readings of your choice into the service or feature religious elements. This is a great option for couples that want to get married in Spain but are not Spanish nationals or do not meet the legal requirements.

The most romantic places in Spain

Frequent questions about getting married in Spain as an expat

How quickly can I get married in Spain?

The process depends on several factors and can take up to four weeks or more. The first step is arranging the required documents and applying to the local civil registry office or religious officials. Having a wedding planner can make this process easier, as they have experience in dealing with the paperwork. Once all the documents have been submitted, a date can be set for the wedding ceremony.

Can I get married in Spain if I live in the UK?

Yes, you can. You will need to present all of the necessary documents at your local civil registry office or to religious officials, as well as a document from your home country’s embassy confirming that you are legally allowed to get married in Spain. You will then need to meet with the local civil registry office in Spain and provide all the paperwork, including a marriage license issued by your home country’s embassy.

Once the legal process is complete, a wedding date will be set and you should then contact a local Spanish wedding planner to take care of all the necessary arrangements for the marriage ceremony.

Do you have to be a resident to get married in Spain?

No, you do not need to be a resident of Spain to get married. However, at least one partner must hold Spanish citizenship or have lived in the country for a period of two years consecutively.

A word from SpainDesk

Getting married in Spain is an amazing experience for all couples, regardless of Spanish residence. It’s a beautiful country full of rich romantic history and culture. With stunning ceremony venues and incredible natural sights for photos, getting married in Spain creates memories that will last a lifetime. However, it’s important to consider the legal ramifications of entering into a marriage agreement outside of your home country. Make sure you know all the documents and paperwork required, as well as any specific legal requirements for a civil or religious marriage. By considering all these factors in advance, couples can make sure their wedding in Spain is a memorable occasion full of joy and love.

 

Using a Foreign Will in Spain: Validity and Execution

Understanding the usage of a Foreign Will in Spain can be critical for individuals with assets in the country. In this article, we discuss the validity and execution of Foreign Wills in Spain. You will also find some important things to keep in mind when you don’t have a Spanish Will.

Foreign Will in Spain

A Foreign Will in Spain is a Last Will or Testament that was made in another state or country. Spain accepts a Foreign Will if it meets the Spanish Inheritance Laws. However, they must be legalized before a Spanish consul (or affixed with an apostille in signatory countries) and translated into Spanish.

The validity of a Will executed in another country is governed by the conflict of laws and rules of the jurisdiction in which probate is sought. In Spain, the general rule is that a Will executed in another country will be recognized and given effect if it is valid under the laws of the country where it was executed. However, there are some exceptions to this rule. For example, if the Will was executed in a country that does not have a legal system compatible with that of Spain, or if the testator lacked mental capacity at the time the Will was executed, the Will may not be recognized as valid in Spain.

In Spain, there are forced heirs—people who are legally entitled to a portion of your estate when you die. The size of the portion depends on the relationship between the heir and the deceased.  This can pose a problem for people with assets in Spain but who are not Spanish citizens. If you die without a will, your estate will be subject to Spanish intestacy laws. This means that your forced heirs will receive part of your estate.

Using a foreign will in Spain

Reasons to Make a Spanish Will

It is not obligatory to have a Spanish Will. However, if you have assets in Spain, we would recommend that you make a Will in Spain that specifically deals with your Spanish assets. Reasons to make a Spanish Will are:

  • Helps to avoid potential conflicts between your heirs and the Spanish authorities.
  • Ensures that your property will be distributed in accordance with Spanish law.
  • Gives you the peace of mind of knowing that your wishes will be carried out as you intended.

When you choose to make a Spanish Will, there are several options such as the Testamento Cerrado and Testamento Abierto. Spanish Wills will typically be dedicated to assets such as:

  • Spanish property
  • Spanish bank accounts
  • Life insurance policies
  • Pension schemes

Foreign Wills and Non-Residency

Spanish inheritance law generally follows the rules of intestate succession. This means that the property of a person who dies without a will passes to their nearest relatives.

However, there are some exceptions to this rule as well. One of them is the Spanish inheritance law for non-residents. In these cases, the laws of the country where the deceased person was a resident at the time of his or her death determine the inheritors.

This can often lead to complex situations, especially when the deceased person has property in more than one country. However, there are some international treaties that can help to resolve these disputes. For example, the Hague Convention on Succession Law provides a framework for determining which country’s law should apply in cases of cross-border inheritance. As a result, it is important to seek legal advice if you are dealing with an inheritance where the deceased person was not a resident of Spain.

Procedure to Validate a Foreign Will

Below, you will find the steps to obtain recognition of a Foreign Will in Spain:

  1. The Will needs to be validated to be legal according to the Spanish Succession Law by a Spanish law firm.
  2. The Spanish Consul in your home nation must validate a certified copy of the probate grant.
  3. Once the Will has been legalized, it must be translated into Spanish by a sworn translator / official translator (authorized by the Spanish Ministry of Foreign Affairs).
  4. The Will needs to be accepted by a Spanish Notary Public, so it can be registered in the Central Registry of Wills in Spain (Registro General de Actos de Última Voluntad).
  5. Sometimes a Spanish probate judge has to give permission for the Will to be executed.

Using a foreign will in Spain

Executing a Foreign Will in Spain

Once the Foreign Will has been accepted and validated, the next step is to proceed with its execution. In order to do this, check the following steps:

  • All beneficiaries named in the Will must be located and notified of their Spanish inheritance.
  • The assets that fall under the inheritance law of the deceased need to be calculated in order for the correct Spanish Inheritance Tax to be paid.
  • When dealing with foreigners to Spain, the heirs will need to open a Spanish bank account in order to deposit the assets of the estate and also need to obtain an NIE number.

Paying inheritance tax over Spanish assets is typically done with the help of a Spanish Tax Expert or Spanish Inheritance Lawyer. Taking care of the taxes of a Spanish Estate is not straightforward. You will have to deal with local tax and Spanish Inheritance Law. However, there are several tax-free allowances you can get depending on your situation.

The notary public and Spanish Wills

The notary public plays a vital role when it comes to Foreign Will. Dealing with a notary public in Spain helps to ensure that the Foreign or Spanish Will is executed as smoothly as possible. It also helps to avoid any potential complications that may arise. They will provide services such as:

  • Validating that the Will has been correctly executed according to Spanish law
  • Giving access to assets and debts that belong to the estate
  • Accepting or denying legal requirements
  • Drawing up certificates
  • Giving a Power of Attorney to the Inheritance Lawyer

If you are looking for a Spanish Notary to make your foreign will a valid will in Spain, our Spanish lawyer can make sure all the documents are in order to start your inheritance process.

Get assistance from a Spanish Inheritance Lawyer

If you have inherited Spanish property or are in the process of doing so and don’t have a Spanish Will, it is important to seek legal advice from a Spanish inheritance lawyer. There are a number of complex issues that people need to consider when inheriting property in Spain, such as tax liability, inheritance rules, and the division of assets.

Our Spanish inheritance lawyer will be able to advise you on these matters and help you to navigate the legal process. We are experts in Spanish Inheritance Tax, Gift tax, Spanish Wills, and other Spanish regulations. If you don’t speak Spanish, then we can speak English or your language. Read more about the services our Spanish Inheritance Lawyers offer.

Disclaimer: Information on this page may be incomplete or outdated. Under no circumstances should the information listed be considered professional legal or financial advice. We highly recommend seeking guidance from a legal or financial expert if you lack extensive knowledge or experience dealing with any of the procedures outlined in these articles.

Inheritance in Spain When There Is No Will

If you are a beneficiary of Inheritance in Spain and there is no Spanish Will, there are several things you should take note of. As a matter of fact, without a will Inheritance does not prevent assets from being passed on to heirs or the hereditary estate. This article will go through the basics of what you need to do and what you can expect.

What documents do you need to start a Spanish Inheritance?

The two most important documents to start an Inheritance in Spain are the deceased’s death certificate and in case there is one, the Will. Next, the beneficiaries need to have their documents in order. The complete list of documents is:

  • Passports (heirs and deceased)
  • Fiscal number (NIE)
  • Power of attorney from heirs
  • Bank statements that must be up-to-date
  • Death Certificate
  • Power of attorney
  • List of Assets and Debts

The documents must be in Spanish (translated by a sworn translator). If the certificates are not written in Spanish, they must be translated and/or apostilled or legalized.

To record this Inheritance Title, a file known as the Declaration of Heirs must be made before a competent Notary (last domicile or habitual residence, where most of the assets are located, or the place where he or she died).

Inheritance in Spain

Honoring the Inheritance Law

When a person dies without a will, the Spanish Inheritance Law states which are his heirs (according to article 9 of the Spanish civil code). The law typically depends on the country in which the person resided at the time of death.

For example, if an American national dies while being a resident in Spain, his heirs will be decided according to Spanish law. The same would apply to any other foreigner dying in Spain.

On August 17, 2015, laws changed for EU citizens. Now European citizens in Spain and other EU countries can use either their own country’s law or that of their residency in Spain to direct their final wishes.

Get help with your Inheritance in Spain from a professional, contact SpainDesk.

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What happens to the Inheritance when there is no Will

When you are inheriting assets according to the National Spanish Law (article 930) without a Will, the sequence of Inheritance goes downwards (children and grandchildren, upwards (parents and grandparents), in the absence of these, the spouses, and after these the siblings or half-siblings, leaving in last place the nephews and nieces and the Spanish state.

1. Inheritance for the descendants and a spouse

If the deceased was married and left a widow or widower, they will be entitled to the usufruct of a third of the Inheritance (a third of improvement).

The whole Inheritance of the deceased will be divided into equal parts over the descendants and their lineage. For example, with children and three grandchildren, one-third will go to one child, one-third will go to the other child, and one-third will go to the grandchildren.

The grandchildren and other descendants will inherit by right of representation. Children and their descendants succeed their parents and other ascendants without distinction of sex, age or affiliation.

2. Inheritance for the ascendants and spouse

If the deceased has only ascendants (parents or grandparents) and a spouse, the spouse will inherit the usufruct of the estate’s 50%, with the remainder going to the parents. The beneficiaries will be the immediate ascendants and grandparents if there are no parents.

The father and mother will inherit equally. In the absence of a father and a mother, the closest ascendants in degree will succeed. If there are several ascendants of the same degree belonging to the same line, they will divide the Inheritance by heads.

3. Inheritance for the spouse

When someone is married before they die, their spouse has the right to keep at least half of the property they own together if there are no ascendants or descendants. The remaining 50 percent will be shifted to the estate.

4. Inheritance for the brothers and sisters

In case there is no spouse or descendants, the brothers and sisters will inherit the estate in equal parts.

5. Inheritance for relatives

If there isn’t a spouse, brothers or sisters, the other relatives will inherit the property. These include nieces and nephews until the fourth lineage.

6. No Family

The State would be granted administration of the estate only if no collaterals exist (up to the fourth degree).

Inheritance in Spain

Understanding your personal situation

Typically a Spanish Inheritance lawyer will help you understand how the Inheritance process works and your rights. We can assist you with the probate process and paying the Inheritance tax in Spain. The timeline consists of:

  1. Speaking with our Inheritance lawyer
  2. Creating an understanding of your situation
  3. Understand the laws surrounding your case
  4. Supporting you through the initial probate process
  5. Filling out any necessary paperwork
  6. Settle any debts or disputes that may arise
  7. Paying any inheritance taxes that may be owed

When should the Inheritance be completed?

Inheritance in Spain can be a lengthy process, and the rule is that the Inheritance in Spain process should end within six months.

Not accepting an Inheritance

You can accept or decline an Inheritance when you are in the heirship. In other words, you will have no rights or obligations regarding the estate if you reject it, and you will not be responsible for the decedent’s debts. If you accept the Spanish Inheritance, you’ll be taking on all of the responsibilities and rights that go with it.

There is a way to accept an Inheritance under certain conditions. This implies that you will only assume the obligations and responsibilities of the estate if the deceased’s debts are first paid off. This might be a viable option if you’re concerned about inheriting any debts. You need to undergo a legal process to accept the estate in this way formally.

Get help with the Spanish Inheritance Process

When you lose a loved one, you might not want to worry about dealing with the legal process of Inheritance, especially when it is in a foreign country. Accordingly, our team of experienced Inheritance Lawyers in Spain can help make this process as smooth and stress-free as possible. We will work with you to understand your rights and ensure that you receive the Inheritance you deserve. Contact us today to get assistance.

Disclaimer: Information on this page may be incomplete or outdated. Under no circumstances should the information listed be considered professional legal or financial advice. We highly recommend seeking guidance from a legal or financial expert if you lack extensive knowledge or experience dealing with any of the procedures outlined in these articles.

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Family Lawyer in Spain

SpainDesk family lawyer establishes the procedure for concluding and terminating a marriage and also handles the consequences of declaring invalid marriage. Our family lawyer in Spain offers complete guidance and free advice at the time you consult us.

When a family conflict arises, most people make mistakes because they don’t know the legal consequences. To avoid any mistakes, you need to hire our service as early as possible. It will help to smoothly come out from the conflict situation and defend rights in a civilized manner. Often, consulting SpainDesk professional lawyers will allow you to resolve complex issues with minimal losses.

A family lawyer has the exclusive right to receive alimony and apply in court with an application for the recovery of alimony. A different situation comes into our life where we need to consult a family lawyer, whether divorce, property division, return of money or alimony recovery.

Get the best service from SpainDesk

Today, family disputes are a very common and widespread phenomenon that’s the reason people are increasingly turning to hiring a family lawyer. SpainDesk family lawyer speaks fluent English and Spanish, so it’s easy to communicate with the client.

Family disputes can be any disputes between parents, spouses, children, and other family members regarding personal or property rights. The family lawyers of our SpainDesk legal firm have extensive experience in resolving family disputes in Spain. Here is the list of our family lawyer services:

  1. Consultation of a lawyer on family issues
  2. The assistance of a lawyer in a divorce
  3. Division of the jointly acquired property of the spouses in court
  4. Services of a lawyer invalidation of marriage
  5. Recovery of alimony for the maintenance of children, spouse, as well as disabled parents
  6. Determine the child’s place of residence
  7. Determine help to communicate with the child
  8. Legal services in cases of establishing and challenging paternity
  9. Attorney for deprivation of parental rights
  10. Assistance in drawing up a marriage contract
  11. Legal services for the allocation of a marital share
  12. Consultation and legal assistance in the adoption of a child
  13. An agreement on the payment of alimony

Family lawyer in Spain

SpainDesk Family Lawyer Services in Spain

We believe that a good professional accompanies the case from start to finish. With SpainDesk, you can easily win the case because we have a team of family lawyers in Spain that will go all the way with you.

Are you living in Spain and worried about finding the best family lawyer? SpainDesk has a team of qualified family lawyers looking forward to helping you. We are ready to tackle a conflict of any complexity. Our experts have an attentive attitude to the case nuances and the observance of the guarantee of the lawyer’s secrecy.

SpainDesk is a famous legal firm that offers a truly reliable and affordable service. When you consider our service, we will perform the following tasks:

  • We meet with the principal and give advice on family law matters
  • We first analyze the received documentation of the case
  • We negotiate with the second party for a peaceful settlement of the conflict
  • We create a list of essential evidence of the case that is useful to substantiate a position on family conflict
  • We request evidence for further presentation
  • We appeal against the court decision in the appeal, cassation and supervisory instance
  • We evaluate the judicial perspective of the case
  • We draw up and apply to the court
  • We participate in the court session
  • We appeal against interim judgments

SpainDesk family lawyers in Spain will help you to defend your rights and interests. We also prevent hurdles to winning the case. Our professional team understands legal law and formalities, to provide a quick service at the time you consult. If you want to hire our service or want legal advice, please make a call and book your appointment first.

We give a guarantee that you will conclude a positive result at the end of the case because our target is to win the case in court. When you visit our office, you will learn how to achieve the desired result at the first consultation.

Law Firm in Spain

SpainDesk is a law firm in Spain that works as an entrust legal support. Every client is unique; that’s why our lawyer’s team uses an individual approach to solve a client’s legal problems. We deeply analyze all aspects of each transaction and offer the most effective solutions.

SpainDesk’s experts deal with all your legal matters and provide a quick result within a short limit of time. We are ready to become your legal assistant in solving a wide range of issues.

You can entrust legal support at SpainDesk, and we assure you that your interests will be in good hands. We work in the areas of business & consulting, fiscal & accounting, and legal & procedural. So, if you visit Spain and you wish to establish connections that are important for your life and economic interests; please contact us.

Legal support of transactions in Spain

To find the optimal solution to your problems, consult SpainDesk and get the best individual approach of lawyers. We provide legal support for transactions in Spain. Our goal is to protect the rights of principals that’s why we provide legal support while focusing on the individual approach to solving a significant legal problem.

We have long-term partnerships with clients who highly appreciate our approach to solving legal problems. A significant part of our clients is business owners, who prefer not only our legal services but also developing a trustworthy relationship with us. We resolve their issues concerning their economic and vital interests.

The list of SpainDesk clients has included developers, charity organizations, real estate organizers and businessmen. We are fully confident to appreciate our ability to quickly resolve complex issues and conclude transactions in Spain.

Get assistance from a law firm in Spain

Are you stuck in challenging situations? Visit SpainDesk and get the help of professional lawyers. Our law firm in Spain is famous for the best legal service in downtown Spain.

We use all legal means to protect the interests of the client because we have enough knowledge of the law and monitor legislative changes as well as judicial practice.

We have many years of legal experience, and we cooperate with local construction and real estate companies, as well as with representatives of the investment sector. Therefore, SpainDesk believes in providing quality legal assistance in Spain.

Law firm in Spain

How can SpainDesk help you in your legal matter?

We provide full legal support to our clients and help them with their difficulties. After all, impeccable years of practice are our best guarantor.

SpainDesk offers legal services in Spain. We are a clear and entrusted law firm in Spain, specializing in the areas of commercial, corporate and immigration law. We work with investment projects and conduct real estate transactions. Here are our law firm Spain services:

1. Business & corporate matters

  • Restructuring, registration and liquidation of companies
  • Trademark registration
  • Accounting services
  • Legal support of companies that participate in the business development projects
  • Regulation of corporate and commercial legal relations
  • Legal support of businesses on the purchase and sale of transactions
  • Representation in courts, arbitration and state

2. Legal & procedural matters

  • Legal diligence of the acquired property
  • Checking sales contracts and other documents
  • Independent analysis and verification of the legal purity of transactions with real estate
  • Full legal support of real estate transactions in Spain
  • Representation of interests in court in housing and real estate disputes

3. Family relationship

  • Drafting marriage contracts
  • Dissolution of marriages and division of property
  • Recovery of alimony
  • Establishing rights for children
  • Family dispute resolution in court

4. Fiscal & Accounting

  • Maintainance of all the legal and financial accounts
  • Legal assessment of investment risks of the object
  • Analysis of the financial and economic activities
  • Formation of recommendations for asset protection
  • Assessment of the risks of prosecution by government agencies and counterparties

We provide legal support to entrepreneurs, investors and individuals. We give precious advice to our clients and conclude different types of contracts daily. Our law firm in Spain uses an individual approach to solving problems. We value your trust and respect your confidence. Also, we are liable to offer long-term partnerships without any risk-sharing ability.

Our professional team considers the business peculiarities of the local mentality and provides practical solutions to a wide range of legal issues. At SpainDesk, you will get all the legal support for transactions, whether for investors, individuals, entrepreneurs and legal entities.

Legal aid in Spain

SpainDesk provides the service of legal aid in Spain. Our team of lawyers will help you to understand the local legislation. We understand the most complicated and challenging situations; as a result, we provide the best legal aid service that comes into our client’s requirements.

It isn’t easy in Spain to find the right business and legal service that comes into your budget. But when you choose SpainDesk, your worries are going to end. Once consulted, the rest will be handled by our professional team of legal aid lawyers.

With our legal aid assistance, you don’t need to face trouble anymore. We give special attention to our client’s requirements.

Why choose SpainDesk?

  1. Our lawyers specialize in various branches of law
  2. We offer a better solution to the concrete situation
  3. We assume legal defense in legal proceedings in criminal
  4. Our legal aid lawyers solve all legal questions
  5. We handle all the legal matters administrative or arbitration

Want effective Legal aid in Spain? Consider our dynamic law firm that handles all legal matters. Our professional lawyers have respective specialties because of trained enough with extensive experience in criminal law, family law, civil law, property law, and all the other legal court proceedings.

Legal Aid Service in Spain:

At SpainDesk, you will get all the solutions to your problem. In some cases, you don’t even need to go to court because our experts handle all the court proceedings on your behalf. Our firm is fully authorized to provide the service of legal aid in Spain. The best part is, our lawyers speak English and Spanish language, so there are no issues regarding language preference. We have lawyers that specialize in the legal area such areas as:

  • Property division
  • Family relationships
  • Divorce
  • Road traffic accidents
  • Insurance
  • Rental of property
  • Sales contracts

Righteously, we know that finding Legal aid in Spain seems complicated to you because of many legal matters. Once you consult SpainDesk, we will manage all the access for legal proceedings. You must hand over all the financial documentation to our legal aid lawyer.

Law firm in Spain

 

How to Choose a Good Legal Aid Lawyer in Spain?

A good lawyer has enough knowledge regarding law and is not afraid to handle court proceedings. At SpainDesk, you can consult legal aid lawyers that speak the English language. Whether you’re a citizen of Spain or not, you will get the same excellent service.

Choosing a legal lawyer is a crucial and responsible step when you badly need a lawyer who puts out the complexity of your case. Keep the following three points in mind before choosing a legal service:

  • Check the lawyer’s reputation

A legal firm is famous for its satisfactory service because they usually build up a good reputation when they win cases. At SpainDesk, you will get a trustworthy legal service that never provides an unsatisfactory result. We adopt new ways to handle legal matters.

  • Verify the legal information of the firm

Before picking up legal aid in Spain, check the legal information of the firm. A professional firm has an official website where everything is mentioned clearly to check the legal services. Meanwhile, this is an informative way to check how severe they are and defend their interest in handling cases. When you visit the SpainDesk office, you will be thoroughly guided by our experts. We also provide our legal information to our customers if they demand it.

  • Analyze their working quality

During the first meeting, could you pay attention to their working quality? Carefully observe how the lawyer communicates with you and how they build a trusting relationship. The SpainDesk lawyers provide a guarantee for the future success of your case.

At SpainDesk, our lawyers have extensive experience that gives our firm a unique perspective in their respective specialties. We are fully aware of globalization’s demand for legal aid services; thus, we follow various legal systems for the benefit of our clients. We pay special attention to the client’s needs and provide the service that satisfied our client. If you have any queries regarding legal services, visit SpainDesk.com.

Making a Will in Spain: Everything You Need to Know

When it comes to estate planning in Spain, there are a lot of things to think about, but the most important one is the topic of making a Will in Spain. This document ensures that your wishes are carried out after you die. In Spain, there are specific Inheritance Laws that you need to know about when making the Will. If you’re thinking about creating one in this country, read on for more information.

What is a Will?

To get a better grasp on what you need to do when making a Spanish Will (or Last Testament), it’s important to first understand what a Will is. A Will is a formal document that states your wishes regarding the disposition of your assets after your death. When you have assets in multiple countries, you can also use a Foreign Will for your Spanish assets. However, it is better to also make a Spanish will for your Spanish assets.

The Spanish Will / Spanish Testament is the legal document that will say what should happen with your assets following the Spanish Inheritance Law.

To make a valid will, a testator (the person that is making the Spanish Will) has to sign the Spanish Will in the presence of two witnesses. The heirs need to pay Spanish Inheritance Tax over their new assets in Spain. The person that inherits your property is called the Heredero. The Spanish Will is kept safe in the Registry of Wills (Registro General de Actos de Ultima Voluntad), and the notary where it was signed.

Making a will in Spain

The reason to make a Spanish Will

Inheritance Law in Spain is based on the principle of intestate succession. This means that if you don’t make a Will, your assets in Spain will be distributed according to specific rules set out by the government. So it’s important to understand these rules before you decide whether or not to make a Will.

The first thing you need to know is that, in Spain, there is a hierarchy of heirs. The closest relatives will inherit your assets first, and only if they don’t exist will more distant relatives inherit. This hierarchy is as follows: children and grandchildren, parents, spouse, siblings, nieces and nephews, more distant relatives, and the state. As you can imagine there might be several reasons why you might want to create a Spanish Will. These could include:

  • You want to ensure that your Spanish assets are distributed in a different sequence than the Inheritance Law
  • You want to leave something to someone who is not in the hierarchy of heirs, such as a friend or charity
  • You want to disinherit someone who would otherwise inherit under the intestate rules, such as a child from a previous

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Making a Spanish Will and the Spanish Inheritance Tax

There is a Spanish Inheritance Tax that must be paid on Spanish assets that are passed down to the beneficiaries. The inheritance tax rate varies depending on the relationship between the beneficiary and the deceased, the value of the assets, and the wealth of the beneficiaries. It is important to be aware of these taxes when making a will, as they can have a significant impact on how much the total stake beneficiaries ultimately receive.

Proper estate planning to divide your Spanish Assets is therefore recommended. A Spanish Law Firm specializing in Spanish Succession Law will be able to help you with this. Expert legal advice can save the beneficiaries a lot of money. Moreover, if you only choose to only use a Foreign Will in Spain, the Inheritance Tax payable over the Spanish assets may cause a higher total inheritance tax compared to creating a separate Spanish Will. In this case, legal and notary fees will be worth your while.

The Law of Obligatory Heirs in Spain

When creating a Will in Spain, it is important to understand the concept of the Law of Obligatory Heirs. This refers to the spouse and descendant who are legally entitled to a portion of the estate, regardless of what the Will says.

As a result, it is important to consider the potential claims of obligatory heirs when crafting a Spanish Will. Otherwise, there is a risk that the wishes expressed in the Will may not be carried out. In addition, it is worth noting that the rules regarding obligatory heirs can vary from one region to another. For this reason, it is always advisable to seek legal advice when creating a Spanish will.

In essence, the Law of obligated heirs states that the estate is divided into three equal parts.

  • First part: A third of the assets may be distributed based on the testator’s complete will. That is, it may be inherited by anybody or an organization in the form and amount that the deceased specified.
  • Second part: This part of the inheritance is referred to as “improvement.” This section of the property must be conferred exclusively on the heirs. However, it may be divided according to the testator’s will. This implies that a single person can inherit the entire percentage.
  • Third part: The last portion does not need to be mentioned in the Will because it is distributed equally among the heirs who agree to take it.

The Law of Obligated Heirs protects the people who have the right to a portion of the estate, regardless of what the Will says. However, some autonomous regions have different rules (some give more freedoms). Speak with an Inheritance Lawyer to understand the rules in your area.

Will and your Residency Status in Spain

When you are creating your Spanish last testament you need to consider whether you are a resident or non-resident in Spain. Residents will have their worldwide assets subject to the Spanish Inheritance Tax, whereas non-residents will only be taxed on assets located in Spain.

If you are a resident of Spain, your Will must comply with Spanish law, even if your assets are located outside of Spain.

If you are from the EU. In certain conditions, you can state in your Will that you want to use the Inheritance Tax rules of your home country. Speak with an Inheritance Lawyer to determine if this is the right option for you.

 

Inheritance in Spain

What can you put inside the Will?

Making a Spanish Will gives you the opportunity to express your final wishes. There are several options when it comes to what you can put in your will. We have noted the most common questions answered below:

  • Who will receive your assets?
  • What form they will receive them?
  • When they will receive them?
  • How your debts and taxes will be paid?
  • Who will care for children and manage their Inheritance?
  • What children are recognized?
  • What are the wishes for the funeral and burial?

You can also name someone to be the executor (Albacea) of your estate. This person will make sure that your final wishes are carried out according to the terms set forth in your Will.

The Types of Wills in Spain

When you have established what you would like your final wishes to be, you will need to choose the type of Spanish Will that best suits your needs. In Spain, there are several types, the three most common are:

The Open Will

The Open Will (Testamento Abierto) is the most common type of Will in Spain. It’s also the easiest and quickest to make. You can make the Open Will at any time without having to go through a Notary. All you need to do is write out your wishes, sign the document in front of two witnesses and ensure that it’s filed with the Registry of Wills in your local area. Keep in mind that the Open will needs to be valid according to the Spanish Inheritance Law.

The Closed Will

The Closed Will (Testamento Cerrado) type of Will is slightly more complicated to make as it should be written by an Inheritance Lawyer. It’s a good option if you have more complex wishes or a large estate. The closed will must be signed by the Notary and put into a legally binding document. Once it’s signed by both parties, it’s then sealed and kept with the Registry of Wills. The Will is not opened until after your death.

The Holographic Will

The Holographic Will (Testamento ológrafo) is the least common type of Will in Spain and is only practical in certain situations. It’s handwritten or orally communicated. There are five witnesses required, and they need to be verified by a judge upon death. A Notary is not required for this type of Will. The downside of a Holographic Will may be that it will take longer, and can make the process complicated.

Typical Pitfalls When Making a Will in Spain

It’s important to be aware of the potential pitfalls when making your Will in Spain. Below, we have listed some common mistakes that people make:

Not having a Will at all

If you don’t have a Will in place, your estate will be subject to the laws of intestacy. This means that your assets will be distributed according to the rules set out by the Spanish government. This may not be what you want and could result in your loved ones not receiving what you intended for them to have.

Not updating your Will

If you don’t update your Will, it may not reflect your current wishes. For example, you may have got married, had children or bought a new property since you made your Will. If you don’t update it, these changes will not be taken into account.

Not being clear enough

It’s important to be as specific as possible when making your Will. This will avoid any confusion or ambiguity about what you want to happen to your assets.

Leaving property behind to someone that doesn’t have any savings

If you leave property to someone who doesn’t have any savings, they may not be able to afford the Inheritance Tax. This could result in them having to sell the property in order to pay the tax.

Not registering your Will

You must register your Will with the Registry of Wills in order for it to be valid. If you don’t do this, your Will may not be taken into account when distributing your assets.

Having too many beneficiaries

If you have too many beneficiaries, it can make your Will more complicated and difficult to administer. This could result in delays and disputes after your death.

Making the Will illegal

You must ensure that your Will is in line with the Spanish Inheritance Law. If it’s not, it could be declared invalid.

Putting a charity that doesn’t have a Spanish NIE

If you include a charity in your Will, you must ensure that it has a Spanish NIE number. Otherwise, they need to apply for a NIE number, to pay the Inheritance Tax, and they may not want to do that.

Not keeping your will up to date with changes in the law

The Spanish Inheritance Law changes from time to time. If your Will is not updated to reflect these changes, it could be declared invalid.

  • Not having your Will professionally translated

    If your Will is written in a language other than Spanish, it must be professionally translated into Spanish before it can be registered. Otherwise, it will not be considered valid.

When is a Spanish Will valid?

A Will is only valid when the testator dies. If the testator changes their mind about any of the details in the Will, they can simply create a new one that supersedes the old one. For Will to be valid at a Notary:

  • You must be at least 18 years old
  • Make it on your own if you wish
  • Be of mental capacity
  • Make it in writing
  • Written in Spanish
  • Signed at a Notary in the presence of two adults

Next to this, it’s important to note that, in Spain, the Will cannot be made orally. It must be written down and signed in order to be valid.

Making a will in Spain

Frequently Asked Questions

Below you can find some frequently asked questions about making a Will in Spain.

Do I need to have my Will professionally translated?

If your Will is written in a language other than Spanish, it must be professionally translated into Spanish before it can be registered. Otherwise, it will not be considered valid. The translation must be done by a sworn translator who is registered with the Spanish Ministry of Foreign Affairs.

Can I revoke my Will?

Yes, you can revoke your Will at any time. To do so, you simply need to create a new Will that states that it revokes all previous Wills. This new Will must then be signed and registered in the same way as any other Will.

Can I make changes to my Will without making a new one?

Yes, you can make changes to your Will without making a new one. This is known as a codicil. A codicil is a document that supplements, amends, or revokes parts of an existing Will. It must be signed and registered in the same way as any other Will.

How much does it cost to make a Will in Spain?

The cost of making a Will in Spain varies depending on the complexity of the document and the lawyer you use. However, you can expect to pay between €200 and €1,000. If you have a simple Will, it is possible to find a lawyer who Will charge a fixed fee. However, if your Spanish Will is more complex, you may need to pay an hourly rate.

Can I make a Will online in Spain?

While it is possible to create a Spanish Will online, there are certain legal requirements that must be met in order for the document to be valid. First, the will must be signed by two witnesses who are over the age of 18. In addition, the testator must sign the document in front of a Notary Public. Once these requirements have been met, the will can be registered with the registry office in Spain. While an online will can be a convenient way to create this important document, it is important to make sure that all of the legal requirements are met in order to ensure that the document is legally binding. We suggest speaking to our Inheritance lawyer in Spain about creating a Will online.

Can you write your own Will in Spain?

In Spain, you can write your own Will without the aid of a lawyer or Notary Public. However, there are certain requirements that must be met in order for the document to be legally binding. If the Spanish Inheritance Law is met, then your Testament is legally binding in Spain. Of course, to make a Spanish Will we recommend consulting with a Spanish Inheritance attorney to ensure that your Spanish Will meets all of the requirements and that your wishes are properly conveyed.

Create a Spanish Will with the help of our Inheritance Lawyer in Spain

Making a Spanish Will is an important decision. If you need legal advice on creating a Spanish Will, our team of experienced Inheritance Lawyers in Spain can help. We will work with you to understand your wishes and ensure that your Will meets all legal requirements. Contact our Spanish lawyer for assistance.

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Disclaimer: Information on this page may be incomplete or outdated. Under no circumstances should the information listed be considered professional legal or financial advice. We highly recommend seeking guidance from a legal or financial expert if you lack extensive knowledge or experience dealing with any of the procedures outlined in these articles.

Legal System in Spain

Whether you are going to live, work or do business in Spain, it’s important to know at least a little bit about the legal system. In this article, you will learn about how the legal system in Spain works. You will also learn how it differs from other legal systems in the world.

Understanding the Legal System in Spain

Civil Law System

Spain has a similar legal system to Italy and France. It is called the “Civil Law System”, which is one of the most commonly used systems in the world. It is based on legal codes and comprehensive laws rooted in Roman and Napoleonic Law.

This is different from the US Common Law System. The Common Law System is based on the lifelong decisions made over and over by judges according to a more flexible range of laws approved by the parliament.

Legal system in Spain

Autonomous Communities

Spain applies Civil Law throughout its territory. There are however differences in the law for Autonomous Communities. They have their own Civil Laws which are applied according to the specific legal issue. These ‘organic laws’ mean “Estatutos de Autonomía”  in Spanish or Statutes of Autonomy. They are spread to all of the topics and matters that are not attributed to the state. Some of the matters are Public Order, Environmental Protection, Agriculture, inland fishing, Urban Planning and Housing, Festivals, Culture, Education, Public Health, and Social Assistance. It is important to have a lawyer that understands both national civil law and autonomous community laws.

The State

The State has exclusive responsibility in the following fields:

  • Nationality
  • Immigration
  • Exterior Politics and Asylum
  • International Relations
  • Defense and Security
  • Monetary System
  • Transportation (Ports, airports, trains)
  • Foreign trade
  • Sea Fishing
  • Treasury and State Debt
  • Public Works of Supraregional Interest
  • Referendums

The Local Authorities and Town Hall

The Local Authorities and Town Hall also have some power in several legal issues in Spain. These are normally directed to Public Local Services, Road Maintenance and Municipal Police. Also, Spain has a lot of routine police work and road controls, which are found in many other European countries as well. There are 3 organizations related to the Spanish police: The Civil Guard, The National Police and The Local Police. They all have different responsibilities and attributions, as well as several specialized forces for areas such as tax evasion, contraband and international crime.

When a person is met with a legal issue or dealing, it is highly recommended to contact a Spanish lawyer to determine whether it is necessary or not to take legal action.

The Administrative Process

In Spain, the Administrative Process establishes the relationship between the citizens and the Spanish Public Administration. The courthouses control the regulatory power and legality of all administrative acts and the fulfilment of the objectives that justify them.

Before any legal issue can be taken to Court, it is always needed to exhaust the administrative route.

If any Institution of the Spanish Public Administration harms you or your rights, you need to file a claim before the Administrative Institution. The Administrative Institution then need to respond or resolve. In case the person disagrees with the decision or does not receive any resolution within 3 months, the issue can be put before the Administrative Courts for revision.

If the dealing refers to the recognition and enjoyment of benefits included in Social Security. The legal term for the Public Administration to resolve is 1 month before the case can be brought up to the Court of Social Issues.

Legal system in Spain

Legal System in Spain: The Civil Judicial Process

In Spain, The Civil Prosecution Law has two ways to determine what type of judgement is applicable. In both cases, it looks at the matter and the claim, as well as four judicial procedures with different particularities, depending on the issues they carry.

The Ordinary Judgement or Trial is the most common for issues in the matters of intellectual property, general contracting conditions, urban leasing, and all lawsuits over the amount of 6.000 €. To initiate this process there needs to be a lawsuit. When admitted, the parties and a Lawyer would need to appear before the judge to reach an agreement. If the parties agree, a sentence of mandatory compliance will be issued. When there is no agreement then the case will be raised to an Oral Trial.

The Oral Trial or Verbal Judgement deals with matters where it is intended to regain possession of a property for lack of payment or precariously loaned, heritage, suspension or demolition of work, and lawsuits where the amount claimed is under 6.000 €. In this case, a lawsuit is also necessary to initiate the process. When admitted, the parties will appear before the judge, with the evidence and proof of their case. The judge then will review and place a sentence. A lawyer does not need to appear when the claim is under 2.000 €.

Legal Aid Available in Spain

The only available source of professional legal aid in Spain is a Lawyer. Most lawyers specialize in certain areas or fields of law, such as mercantile, labour, immigration, etc. At SpainDesk you can get services in all legal areas.

It is recommendable to find a local lawyer that can offer you services in your language instead of a lawyer of your own nationality. A lawyer of your own nationality may not know exactly how the Spanish legal system works. Once you find yourself being comfortable with a lawyer, you can designate him to represent you. It is not necessary to sign a service contract. You contract a lawyer by accepting the price and making the down payment.

Lawyer fees depend on the lawyer’s experience and expertise. The general price range is from 120 € to 300 € an hour. There are no “no win, no commission” agreements in Spain. However, in certain cases it is possible to get a fixed rate.

A word from SpainDesk

In conclusion, Spain has a solid legal system that guarantees the protection of the everyday rights of its citizens and compliance with obligations. However, it’s not near perfection. Spain is ranked number 23 out of 28 countries of the European Union in the 2016 Justice Scoreboard, which measures the freedom of the Justice System. It is number 23 out of 113 countries in the World Justice Project Rule of Law Index.

Disclaimer: Information on this page may be incomplete or outdated. Under no circumstances should the information listed be considered professional legal or financial advice. We highly recommend seeking guidance from a legal or financial expert if you lack extensive knowledge or experience dealing with any of the procedures outlined in these articles.

Inheritance in Spain When There Is a Will

A person has passed away and the Inheritance needs to be settled. The probate process will be different depending on whether or not the deceased had a Spanish Will in place or did not have a Will in place. This article will discuss what needs to happen when someone passes away with a Will in Spain.

What documents are needed to start a Spanish Inheritance?

Initially, you will start an Inheritance procedure with two documents. The first document is the death certificate of the deceased and the second document is the Last Will and Testament.

The death certificate can be obtained from the registrar’s office (Oficina del Registro Civil) in the municipality where the death occurred. The Last Will and Testament can be obtained from the Notary who drew up the Will.

Honouring the Will

We begin by recognizing that, on the death of the deceased, those called to the Inheritance must complete an inventory of all assets and debts included in the estate.

This inventory should be done as soon as possible and will be used to determine the size of the estate and how it will be distributed.

The next thing to do is to contact a notary public in order to open the succession. The notary will need to see the original Will and any other documents related to the estate. They will also need to see the death certificate.

The notary will then begin the process of distributing the estate according to the Will. This can be a complicated process, so it is important to have a professional on your side.

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Forced Heirship

It is also worth noting that, in Spain, there is a system of forced heirship. This means that, even if somebody dies with a Will, their estate must still be divided in a certain way. A certain percentage of the estate must go to the spouse and/or children of the deceased. In this way, the Will needs to be followed, but the Spanish Inheritance Law also needs to be respected.

This can complicate matters if the deceased did not want to leave anything to their family. In these cases, it is best to seek professional legal advice in order to ensure that

Not accepting an Inheritance

When you are in a Will as an heir, you have the right to accept or reject the Inheritance. If you reject the Inheritance, you will have no rights or obligations with respect to the estate. You will also not be held liable for any debts of the deceased. If you choose to accept the Inheritance, you will be taking on all of the rights and responsibilities that come with it.

There is a way to accept an Inheritance conditionally. This means that you will only be taking on the rights and responsibilities of the estate if the debts of the deceased are paid off first. This can be a good option if you are worried about inheriting any debts, some legal procedures are required for this.

Where is the Will kept?

The notary will keep a copy of the will on file so that it can be easily accessed by the executor in the event of the testator’s death.

Spanish law requires that all wills must be deposited with a public notary. This is to ensure that the will is properly executed and witnessed.

In addition, the notary can provide advice and guidance on the best way to execute the will, and can help to resolve any disputes that may arise.

What will happen with the Will when it is executed?

Upon execution of the Will, the relevant data shall be recorded in the Register of Last Wills in Madrid. The registered data will include the name, ID number and address of the testator, as well as the day and place of execution of the Will. The date of recording in the Register will also be mentioned. Likewise, any way of execution of the Will shall be registered in the Register. In this way, beneficiaries may have access to it after death, upon request.

Challenging a Will in Spain

If you are not happy with the way that a Will has been executed, or if you feel that you have been left out of the Will unfairly, then you may be able to challenge the Will in court.

Reasons to challenge a will are:

  • The testator was not of sound mind when the Will was made
  • Execution of the WIll was not properly done
  • The Will was forged or fraudulently altered
  • The value of an asset in the Will is greater or lesser
  • You were dependent on the deceased and have been left out of the Will
  • The Will is not clear or has defects
  • There is a form of intimidation or violence within the WIll

When you want to contest a Will, you can do this with the help of an Inheritance Lawyer. You may need to go to court and present your case in front of a judge.

If the judge decides in your favour, then the Will may be declared invalid. This means that the estate would be distributed according to Spanish law, rather than according to the deceased’s wishes.

Calculating the Inheritance Tax after the Will

Depending on the value of assets in Spain (and outside) you will inherit according to the Will and Inheritance Law, you will need to pay Inheritance Tax. There are several allowances and reductions. The amount of tax that you need to pay will depend on your relationship with the deceased, the value of the estate, the value of your personal assets, and whether the person is a tax resident or tax non resident.

Typically, an Inheritance Lawyer will be able to help you with the tax calculation since it can be a complicated process. Shares, investments, businesses, and property in Spain and abroad must be appraised and taxed accordingly.

Getting help with your Inheritance

An Inheritance can be a complex area, and having professional advice can be good in order to ensure that you are following the correct procedures. Next to this, it may be better to let someone else focus on legal matters, so you can focus on important things.

Our Lawyer can offer you services to lighten the burden of Spanish bureaucracy and can assist you with anything that you may face. We can also help you to resolve any disputes with another beneficiary, in a way that would be satisfying to you. Contact us if you would like any help.

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Frequently Asked Questions About Inheritance in Spain

Inheritance tax and Inheritance Law in Spain is a complex topic, and there are many questions that people have about it. In this blog post, we will answer some of the most common questions that people have about inheritance in Spain. Keep reading to learn more!

What is probate?

Probate is a Spanish legal process that deals with succession after someone is confirmed dead. When someone dies, there’s a succession law that permits another individual to assume control of the deceased properties, pay outstanding debts, and distribute what is left to people entitled to it. This process practically involves verifying that the deceased’s Will is valid, identifying the person’s properties, having it appraised, paying taxes and debts, and allocating the properties with guidance to the state law or Will.

I prepared a will in another country. Do I also need a Spanish will?

Theoretically, a Will written in your home country covers your assets worldwide. You should also know that making a Will in Spain makes the whole legal process more straightforward for your beneficiaries in the future. However, failure to apply a Will into law when you die, will attract more costs and take time. Your heirs will need to involve the foreign office, legal representative, and official translator before the succession and inheritance process will start.

Are there strict rules about succession and inheritance in Spain?

Yes, there are. On the other hand, these laws only apply to Spanish citizens or foreigners who did not choose the national laws of their Will and permanently reside in Spain. Your nationality governs the legal procedure to follow. Take UK law, for instance, here it permits you to choose the benefactor that you want to inherit your assets. As a national of Spain, the process is quite different.

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Do I need a notary in Spain?

Yes. You need a notary judgement for your Spanish Will to be legitimate in Spain. Your Will has to be signed by the public notary, and you will need the services of a local translator to facilitate this process.

Can I personally make my own Spanish Will?

Hypothetically, Yes. Even though you will still need to arrange for signing at the public notary office, you should also be aware that the notary office will only advise you on legal issues and not on other issues that may arise in the future. That is why you need the services of a legal consultant to offer firsthand information and advice about inheritance law, taxation, or possible complications of any procedure you wish to carry out.

I don’t want to make a Spanish Will, won’t my assets simply go to my close relatives?

Assets inheritance or transfer when someone dies is not automatic, as stated by Spanish succession law. Whoever is the benefactor to inherits the assets has to pay inheritance tax in advance for the deed to be handed over. There are events that come into play, including legalizing, transferring, and interpreting a number of documents. Besides, certificates have to be collected and given to the Spanish notary for verification before the Title Deed can be given to the benefactor.

Can a Spanish Will decrease the amount of tax my close relative will have to pay?

Similarly, as with most taxes, there are legal ways one can apply to reduce the expanse to pay. But you need to deliberate your plans with a professional that understands the Spanish tax system for proper guidance. For instance, who you pick as your successor can affect how much tax they need to pay. Correspondingly, if your successor is below 21 and a close next of kin, they will pay a smaller fee. The more intimate the inheritor you decide to inherit your proprieties, the less overall inheritance tax to be paid. Every successor has an allowance; the more successors featured in the Will, the higher the collective allowance.

Is there a deadline given for paying Inheritance Tax in Spain?

Yes. The deadline is six months from the confirmed date of death.

What exactly is the right of accrual and representation?

When making a Spanish Will, you can either choose to Right of Representation or the Right of Accrual for your beneficiaries. Your choice determines what happens to any property you leave behind. When you have several heirs, the Right of Accrual explains that any property you transfer to a specific inheritor will be added to the share of the other beneficiaries if something bad happens to one of the inheritors. For instance, if you are bequeathing your assets to three close relatives and one happens to die before he/she was able to inherit, that portion might be divided between the remaining two beneficiaries. Alternatively, you can decide to opt for the Right of Representation; this means that the children of your intended Will beneficiary will be qualified to inherit as a substitute. It’s undoubtedly not a straightforward process, which is why Spain Desk provides an inheritance law expert for firsthand information and guidance to make your Spanish Will in good time.

Contact a Spanish Inheritance Lawyer

Inheritance tax in Spain may seem like a daunting task, but with the help of a Spanish inheritance lawyer, it does not have to be. A Spanish inheritance lawyer can help you through the process of paying inheritance tax in Spain and can also help you minimize the amount of taxes that you will have to pay. Contact us today to learn more about how we can help you with your Spanish inheritance tax.

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Inheritance Law in Spain for Non-Residents

In this blog post, we will look at some of the key things you need to know about inheritance law in Spain for deceased non-residents in Spain. Read on for more information.

Spanish inheritance law for non-residents

When the deceased person is a non-resident in Spain, there is only taxation on the Spanish assets, whereas as the person was a resident, you will be taxed on your worldwide assets.

In order words, if you are inheriting Spanish property or money from a deceased person who was a non-resident in Spain, you will be liable to pay Inheritance Tax on their assets held in Spain. It does not matter if a person lives outside of Spain; you will still need to pay Spanish inheritance tax.

In addition, the Spanish inheritance law states there you will be able to get allowances and deductions. For example, there is a special allowance for spouses, parents and children who inherit the primary family home.

Differences between residents and non-residents

So when are you a tax resident or not? In Spain, generally, an individual is considered a tax resident if they have lived in Spain for more than 183 days in a calendar year. However, other factors may be taken into account for tax residency, such as whether the person has their economic centre of interest in Spain or if their spouse or children live in Spain.

Spanish inheritance tax rate for non-residents

Tax residents and tax non-residents, whether they are EU nationals or not, are subject to the same Inheritance Tax Rate in Spain. Therefore each calculation will be different. The Spanish inheritance tax is a progressive tax. This means that the tax rate depends on the value of the:

  • Assets being inherited
  • Relationship between the person inheriting and the deceased
  • The amount of wealth the person inheriting already has

Every Autonomous Community has reductions, with the type and amount of tax rates varying considerably from one to another. In some regions, the Spanish law states that certain relatives may be exempt from paying succession tax.

Calculating the inheritance tax

Below, we have set out some key points on how Spain’s inheritance tax in Spain is calculated for non-residents. To understand the inheritance process we have outlined three steps below:

  • The first step in calculating the inheritance tax is to calculate the estate’s value. For non-residents, this includes all assets located in Spain, such as property, savings, investments and other possessions.
  • Make the proper deductions based on the tax allowances which depend on the degree of connection with the deceased or the sort of property received, as appropriate. The taxable base of the tax is adjusted according to kinship status.
  • Once you have calculated the estate’s value, you will need to apply the relevant inheritance tax rates to find out how much tax is payable. These are between 7.65% and 34%, with a multiplier of pre-existing assets ranging from 1 to 2.4.

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Allowances and deductions that can be applied

There are some allowances and deductions you can take into account when working out how much Spanish Inheritance Tax you will need to pay. These include:

  • The amount of any debts owed by the deceased
  • If the inherited property is the primary residence of the deceased
  • The value of any assets which are inherited by a person with disabilities
  • Certain professional inheritances, such as businesses or farms
  • and additional tax allowance for specific situations

When you have to pay tax, you need to take all of the relevant allowances and deductions into account. Therefore it is advised to do your due diligence or contact a law firm in order to make sure you don’t overpay any tax.

Foreign assets and the Spanish tax administration

It is important to note that non-residents who inherit assets in Spain are also subject to taxation in their home country. Therefore the double taxation treaties need to be taken into account to ensure no double inheritance taxes on assets in Spain and abroad are paid.

The Spanish Tax Authorities will not automatically exchange information about Inheritance Tax with foreign tax authorities. Still, they may do so if there is a request from a foreign authority or indications of fraud or tax evasion.

Who collects Spanish inheritance tax for non-residents?

The Spanish Tax Authorities on an Autonomous Communities level are responsible for collecting Inheritance Tax in Spain. In other words, when you need to pay Inheritance Taxes as a non-resident, you will pay taxes to the Spanish Tax Authorities in the Autonomous Community where the last habitual residency of the deceased was located.

If the deceased did not have regular residency in Spain, the Spanish inheritance law states that the place of taxation of the Spanish estate will be the tax office of Madrid or where the heirs have a habitual residence.

What can a Will do for the inheritance of non-residents

The Spanish Inheritance Law is different from other countries in the world. This means that if you are a non-resident in Spain and you die without having made a Spanish Will, your assets may not be distributed how you wanted or expected.

As a non-resident in Spain you can put the following in your Will that will override the Spanish Inheritance Law:

  • You can choose which country’s laws you want to apply to your estate, which will override Spanish law.
  • You can also choose which currency you want your estate to be valued in for Inheritance Tax purposes.
  • You can appoint executors who live outside of Spain to administer your estate.

The Will needs to be translated by an official translator and broad into the public domain through a public notary that can provide an Apostille Stamp.

The Spanish Will allows you to specifically designate who will inherit your property, and how it will be divided. In addition, the Will can help to avoid potential conflicts between heirs that expected a different distribution and can provide peace of mind knowing that your final wishes will be carried out.

We strongly advise that all non-residents in Spain make a Spanish Will to ensure that their assets in Spain are distributed according to their wishes.

If you have any questions about Spanish Inheritance Tax or Wills, please get in touch with us and we will be happy to assist you.

Paying inheritance tax as a non-resident

As previously stated, when you inherit assets located in Spain as a non-resident or resident, you will be liable to pay Inheritance Tax

If you are inheriting property located in Spain, you will need to obtain a Spanish NIE number. The NIE number is needed to complete the sale or transfer of the property into your name.

The Spanish NIE number is also needed to deal with the Spanish tax authorities and open a bank account in Spain.

Deadlines for filing the tax

Over the inherited assets, the beneficiaries have six months since the death occurred to file the tax return and make the relevant payment.

In case of issues, the government may grant a six-month extension if requested within five months of death.

The surcharges for late payment must be included in the settlement if you obtain an extension. The request must be accompanied by a detailed value of the assets to be taxed.

If it is denied, the period is extended by several days equal to the amount of time that has passed since the filing of the application until notification. A provisional agreement can be reached through a formal request if the deadline is not made. If this is necessary, we recommend contacting a professional.

Receiving an inheritance as a resident

Similar to when you are a non-resident, if you are a resident of Spain and you inherit assets located in Spain, you will need to file a tax return with the Spanish Tax Authorities.

However, as a resident, you will be liable for Inheritance Tax on the worldwide assets, not just those held in Spain. This means that you will need to declare all assets located outside of Spain that you have inherited.

However, you don’t have to pay double taxes, so if you have already paid Inheritance Tax in another country on those assets, you can deduct that amount from what you owe in Spain.

Is the inheritance tax and gift tax the same for non-residents?

If your receive an inheritance, you will be liable to pay Inheritance Tax. If you give someone a gift, you may be liable to pay Gift Tax. Inheritance and gift tax rates are the same. The tax base, on the other hand, is the real worth of goods bought with fewer deductible costs and obligations. With certain exclusions provided by state laws.

A Word from SpainDesk

We hope that this article has clarified some of the questions that you may have had about Spanish Inheritance Tax and Wills for non-residents.

If you have any further questions, please don’t hesitate to get in touch with us and we will be happy to assist you. You can also find more information about Spanish Inheritance tax rates and the Spanish inheritance tax law in our dedicated posts.

Get help with your Inheritance in Spain from a professional

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A Guide to Divorce in Spain: A Complete Overview

Divorce is a complicated process, no matter where you live. But when you add the complications of living in a foreign country, things can get even more complex. If you’re considering divorce in Spain, it’s essential to understand the Spanish legal system and what to expect during the process. This guide will walk you through everything you need to know about divorce in Spain, from grounds for divorce to the different types of divorces available.

What is a divorce in Spain?

Divorce in Spain is similar to divorce in other European countries. Divorce is when a married couple legally ends their marriage. Once you finalise the divorce, there is a legal separation between the couple. When you have a legal separation, there is

  • End to inherit the assets of the spouse
  • No joint financial liabilities against third parties
  • The right to remarry

When can I divorce?

Spain is a no-fault divorce jurisdiction, so you don’t need to provide a reason for getting divorced.

Marriage length

If you want a divorce in Spain, you must wait at least three months after you get married before filing for divorce. This waiting period can be waived in certain circumstances by a court, such as if you have been physically abused or if your spouse has been unfaithful.

What are the different types of divorce in Spain?

There are two types of divorce in Spain: contested and uncontested.

Contested divorce

A contested divorce is when the parties cannot agree on one or more issues, such as child custody, property division, alimony, or any other issue. If you’re unable to reach an agreement, the court will make a decision on these issues for you.

A contested divorce is also known as a contentious divorce. This type of divorce is more expensive and time-consuming than an uncontested divorce, so it’s important to reach an agreement with your spouse before going to court.

If there are contested issues with the divorce, the divorce can take up to two years to finalise.

Uncontested divorce

An uncontested divorce is when the parties agree on all issues, such as child custody, property division, alimony, etc. This type of divorce is cheaper and quicker than a contested divorce. If you and your partner can reach an agreement, you can file for this type of divorce proceeding.

In Spain, a divorce can be completed in four months if there is mutual consent and mutual agreement on how to separate on paper.

Steps to getting a divorce in Spain

If you decide to get a divorce in Spain, there are several steps you need to take.

1. Choose a right lawyer

It’s important to choose the right lawyer or law firm for your divorce. Make sure you find a lawyer who is experienced in Spanish divorce law and who can help you navigate through the process.

2. Gather documents

This can include documents such as bank statements, property deeds, tax returns, NIE, a list of common assets, and any other documents and files that support your case.

3. File for divorce

You will need to file a divorce petition with the Spanish courts. The divorce petition is a divorce deed according to the Spanish civil code. A lawyer will make sure that the applicable law is chosen to file the divorce.

4. Serve divorce papers

The next step is to serve the divorce papers to your spouse. This can be done by your lawyer or by the court.

5. Mediation

If the parties cannot agree on any issues, they will need to go to mediation. This is a process where a neutral third party helps the parties reach an agreement. For example, you and your spouse’s lawyer speak to reach an agreement.

6. Court hearing

If mediation is unsuccessful, the case will go to a Spanish court for a hearing. The court will make a decision on all contested issues.

7. Finalise divorce

Once the court makes a decision, the divorce will be finalised. This can be done by your lawyer or you can do it yourself.

8. Get a divorce certificate

Once the divorce agreement is finalised, you will receive a divorce certificate from the court. This document confirms that your marriage has been legally terminated.

9. Pay lawyer fees

You will need to pay your lawyer’s fees and court costs. These can be expensive, so it’s important to have a budget in place.

Where can you get a divorce?

In Spain, you can only get a divorce from the courts, and you cannot get a divorce online or from an agency.

Country of divorce

If you are a foreign national, married to a foreign national, or reside in a foreign country, you might wonder if you can divorce in Spain.

  • If you and your spouse are both residents of Spain, you can divorce in Spain
  • If you are a national of another country but resident in Spain, you can divorce in that country.

In general, people divorce where they reside in.

The necessity of being in Spain

The spouses don’t need to be present in Spain to finalise the divorce; the divorce can be done by post/mail. However, if the couple wants to divorce needs a judge to authorise the divorce, the spouses or their attorney (through a power of attorney) needs to attend the hearing before the judge.

Joint property ownership

When there is joint ownership of a property, typically, it is sold. The money from the sale is then split between the couple. I one spouse wants to keep the property, they can buy out the other spouse’s share. The process for dividing joint property is called “partition”.

The property may be used where there are children, and a parent has been granted custody. The mortgage on the property will still have to be paid by the owner, but they may deduct child support payments.

Custody of children

The parents (married or unmarried) can agree on custody of children through a written agreement or convenio. A convenio is a written agreement signed by both parents and a Spanish notary public. This is a document that can be used in court to establish custody arrangements if the parents cannot agree on custody themselves.

A judge will review the agreement and change it if necessary. If the parents can’t agree on custody, the judge will decide based on what is in the best interests of the children.

The following are some factors that a judge may take into account when making a custody decision:

  • The age of the children
  • The relationship between the children and each parent
  • The wishes of the children, if they are old enough to express them
  • The health of the children
  • The parent’s ability to care for the children
  • The home environment of each parent
  • Any history of abuse or neglect by either parent
  • The distance between the parents’ homes
  • The parents’ work schedules

In Spain, typically, the woman is awarded custody of the children; however, in some autonomous regions, the judge is obligated to consider the father as custodian if he has been the child’s primary caretaker.

Alimony

Alimony may need to be paid when one partner is economically in worse shape than the other due to the divorce. Typically alimony is paid when one spouse cannot work or earn a living because they are taking care of the children full-time.

A judge determines the amount and duration of alimony payments on a case-by-case basis.

There is no set formula for determining alimony payments. S me factors that a judge may take into account include:

  • The income of each spouse
  • The standard of living the couple had during their marriage
  • The age and health of each spouse
  • The amount of property and assets each spouse has
  • Any debts or payments that each spouse must make
  • Whether one spouse can support themselves

If one spouse is ordered to pay alimony, they typically have to continue making those payments until the other spouse dies, remarries or finds that meets requirements.

The divorce itself does not need to be the reason for the economic disparity, but it is often a factor.

Speak with a divorce lawyer

If you are considering a divorce in Spain or need help with Spanish family law, it is important to understand the process and what to expect. Speaking with a divorce lawyer and getting professional legal aid is always a good idea, as they can help guide you through the process and ensure your rights are protected.

Contact our team at SpainDesk, we are a group of multilingual Spanish lawyers. Our services include family law, divorce, alimony, child custody, and more. We can help you with your specific legal needs.

Marriage in Spain: What Do You Need to Know?

If you are looking to get married in Spain, there are a few things you need to know. This article aims to describe everything you might need to know about marriage in Spain; next to this, we answer some frequently asked questions at the end.

History of marriage in Spain

In the past, marriages were an arrangement by parents or other relatives. They used marriage markets to find potential spouses for their children. These markets were places where people could go to look for a spouse. The bride and groom did not have a lot of say in who they married. Next, demographic, economic, and religious factors also influenced marriage.

Marriage used to be primarily a way to consolidate property and create alliances between families, and getting married was often a way to increase one’s social status.

In the painting “The Spanish Wedding” by Fortuny, you can witness a typical Spanish wedding. You can see the marriage license or registry signing that is done after the ceremony in this painting by Fortuny.

Because Spain used to be a religious country, people married in a church. The Catholic Church was the most important institution in Spain, and it controlled many aspects of society, including marriage.

The Catholic Church believed that marriage was a sacrament, which meant that it was a holy union between a man and woman. The church also believed that marriage was for life, so divorce was nearly impossible.

Marriage in present days

Nowadays, more and more couples (especially in the major cities) choose to have a civil ceremony rather than a religious one. Since Franco died in 1975, the Spanish government and the people have moved away from Franco’s push for Catholic values.

Now Spain is a secular country, and the government does not recognize any religion as being official. Around 1 in 5 marriages are still catholic marriages. In this way, attitudes to marriage are changing in Spain, much as they have in other European countries. As we know it, traditional marriage is gradually being phased out of existence in Spain because of this shift away from old ways of living toward more contemporary ones.

The country’s declining marriage rate and the rising age at first marriage among men and women illustrate how marriage is becoming less important to Spaniards. While depending on the year, the average age for marriage in Spain is around 37 for men and 33 for women, which is slightly higher than the average age in other European countries. Next to this, it has been somewhat rising over the years.

Couples nowadays face less social pressure to marry quickly, allowing them to spend more time looking for a partner, work, and enjoy themselves. Young people are also waiting longer to have children, which might also result from the changing attitudes toward marriage.

How to get married in Spain?

Below are the steps you need to go through to get married in Spain.

1. Choose what type of marriage you want

There are two types of marriage ceremonies in Spain: religious and civil. Spain recognizes both civil and religious marriages. Most marriage ceremonies in Spain are civil marriages, but you can also choose to have a religious marriage of course. Religious marriages can be Catholic, Protestant, Muslim, Jewish, etc.

You must have all of the required documents for civil marriage and the consent of your church to have a religious marriage. Couples may marry in a religious ceremony following the civil wedding ceremony, and a religious ceremony recognizes marriage as a spiritual commitment.

2. Choose the location

Weddings that are both formal and full, including bridal gowns and the presence of family and friends, are often held in the town hall’s unique ceremonial rooms. These rooms have a beautiful view over the city or are located in historical buildings. You can also choose to marry in a religious place, such as a churcge.

It is best to start looking for one as soon as possible because they tend to be booked up well in advance. There are also many wedding planners available who can help you with all the details of your wedding.

3. Set a date and time for the marriage

The wedding date you will probably remember for the rest of your life. You will want to choose a date that is convenient for everyone involved, including your guests. Most people marry on a Saturday, but you can marry on any day of the week except for Sunday. Marrying often happens in the morning, but it is also possible to have an evening wedding. Season also matters when it comes to choosing a date for your wedding. The most popular months to get married in Spain are May, June, September, and October. People usually marry a year after proposing.

4. Check the requirements for marriage at the civil registry office

To get officially married in Spain, you need to get a marriage licence (matrimonio) from the civil registry office (oficina del registro civil). To get this licence, you must meet certain requirements, which defer depending on the municipality. For example, foreigners usually need to provide a certificate of no impediment (certificado de no impediment) from their home country.

Inquire about how old you must be, the cost, what forms of identification are required, and how long it will take before your license is valid (some have an application deadline of one or more days from when you submit).

5. Get the marriage licence

Once you have all the paperwork in order, you can apply for the marriage licence at your municipality. You will need to go in person and present all the required documents. The process usually takes about a week but during peak wedding season.

Typically, the officiator who joins you together will have a marriage certificate. On this certificate, they will sign, you will sign, and two witnesses will sign. The official will then file it with the court, and you should receive a duplicate.

6. Have the marriage ceremony

Once you have the marriage licence, you can have the marriage ceremony. This can be done at the civil registry office or at a church. If you choose to have the ceremony at a church, make sure to check with the church to see what their requirements are.

Spanish wedding ceremonies are typically very formal and traditional. A Spanish wedding tradition during the ceremony includes that the groom’s close friends cut the groom’s tie and sell the pieces to the guests to help raise money for the couple, and the bride’s pals would do the same with her wedding garter. A few different ceremonies may take place during your wedding, depending on the location and type of ceremony.

Frequently asked questions

Below are frequently asked questions about Marriage in Spain.

What is a marriage licence?

The marriage certificate is a verifiable, official copy of the wedding provided to the married couple after the ceremony.

What is a civil marriage?

Civil marriage is a marriage performed by the state, and it is not religious and therefore does not involve any religious ceremonies or rituals.

What is a religious marriage?

A religious marriage is a type of marriage that is performed by a religious authority, such as a priest or rabbi. It is typically more formal than civil marriage and may involve specific rituals or ceremonies.

What is the civil registry office?

The civil registry is a department of the local government. A copy of the marriage certificate can be obtained from the civil registry office. Foreigners married in Spain will be issued a civil marriage certificate, which is generally valid worldwide. You may need to have this certificate translated and/or legalized for use in your home country.

What are the differences between a marriage and a wedding?

A wedding is a type of ceremony that marks the official union of two people. A marriage, on the other hand, is a legal contract or agreement that is made between two people.

What is the difference between civil marriage and religious marriage?

Civil marriage is performed by the state and does not involve religious ceremonies or rituals. A religious official performs a religious marriage and does involve religious ceremonies and rituals.

Is same-sex marriage legal in Spain?

Spain was one of the first countries in Europe to legalize same-sex marriage back in 2005. Through a marriage, the pair can obtain various rights that are also open to couples who marry through a civil ceremony or religious marriage. As a result, they can adopt a kid, gain property and inheritance rights, as well as other rights.

How do I get married in Spain?

The first step is to apply for a marriage license from the civil registry. Once you have the license, you can have a civil ceremony or a religious ceremony. If you choose to have a religious ceremony, you will also need to have your marriage approved by the church.

Can foreigners get married in Spain?

Yes, foreigners can get married in Spain if they meet the eligibility requirements.

What are the benefits of marrying a Spanish national?

There are many benefits to marrying a Spanish national, including automatic residency for the spouse, access to social security and healthcare, and the ability to work in Spain.

Where are some popular locations to get married in Spain?

Some popular locations to get married in Spain include Barcelona, Granada, Madrid, and Seville.

What is a civil partnership?

A civil partnership is a type of relationship similar to marriage, and it offers many of the same rights as marriage. The main difference between marriage and civil partnership is that civil partnerships are not considered actual marriages.

  • For legal purposes, civil partnerships are not considered to be married.
  • Marriages are solemnized by saying a prescribed form of words.
  • Divorce is the termination of a marriage.
  • A dissolution order ends civil partnerships.
  • Marriages may be solemnized in a civil or religious ceremony.
  • A civil partnership is formed in an entirely civil manner. Civil partners can choose to have a ceremony (religious or civil) after their civil partnership is formed.

Civil partnerships are typically less formal than marriages and do not involve any religious ceremonies or rituals.

The Notary in Spain: Everything You Need To Know

A Spanish Notary, Notary Public, Notario, Public Notary, or Spain Notary is someone you probably need at one point when you are living or doing business in Spain. In this blog, you can learn more about questions such as: “What is a notary?”, “What are they used for?” and “How do I find one?”

What is a Notary in Spain?

The notary in Spain is an official responsible for authenticating written, signed or sealed documents. They have several functions under the Spanish Law, which include:

  • Authentication of acts and contracts.
  • Authenticating different kinds of documents related to civil law issues, such as wills, testaments, nuptial agreements or other private instruments. The notary is responsible for authenticating the signatures on these documents.
  • Authentication of any public document or document used in a private matter.
  • Authentication of public documents, judicial proceedings or acts appointed by the authorities. Which includes authenticating everything from contracts concluded with third parties to administrative acts.

A notary’s duties also extend beyond individual clients; government agencies may ask them to certify copies of certain documents or act as arbiters in disputes between private individuals or companies.

The Spanish notary serves as a legal expert in the Spanish legal system and certifies Spanish documents. The notary in Spain is responsible for authenticating and legalising contracts and agreements using stamps and signatures. While lawyers put private agreements in writing, the notary brings private documents into the public domain. At the same time, the notary does explain certain legal criteria during the signing. Advising parties during the notary process is not their particular service.

What is a Notary Spain

Why do I need a Spanish Notary?

Notaries exist because the government needs them to settle disputes and legal transactions. They will assist you with legalising agreements. A notary is a trusted third party who has no connection with the transaction or parties involved and works on behalf of the public good. This is the reason why they carry an importance.

Documents that can be notarised include:

  • Transfer of property deeds
  • Where there is no will, a declaration of heirs is required.
  • Legal requirements govern the creation, modification, and split of businesses and partnerships.
  • Settlements in marital disputes
  • Any form of power of attorney
  • Acquittals and the discharge of responsibilities
  • Documents relating to marital status
  • Wills and testaments
  • Contracts and agreements
  • Inheritance declarations and claims from heirs
  • Loans, mortgages, and other debt obligations
  • Other documents such as official statements

Below you can read about the most common reasons to need a notary.

Transferring property title deeds through a notary

One of the main notary services is the transfer of title deeds. Next to a notary, a property lawyer is often involved when buying a property in Spain.

Title deeds are official documents that certify the ownership of the real estate. The title deeds are registered at the Spanish land registry, and it states the owner of the property. When you buy a house from an individual, they will provide the title deed as proof of ownership.

You will transfer the property deed via the notary when you sell or purchase a property. The buyer and seller (or their representatives) have to go to a notary, and the notary will give them a contract or deed they both sign. The document is then notarised by the legal witness and formally completed once a stamp tax has been paid.

The transaction must also be recorded in the Spanish land registry for the transaction to be complete. The notary will inform the land registry of the sale and transfer ownership from one to another.

Transfering title deeds through a Spanish notary

Creating a limited company in Spain through a notary

When creating a limited company in Spain, all shareholders and partners need to go to the notary and sign certain documents which will state their percentage of shares, responsibilities etc. In other words, it will establish the relationship between all parties involved.

After these documents have been signed and witnessed, they must be registered at the trade registry (Registro de Comercio). This will make the limited company official. The notary can also assist you with cancelling a limited company if the need arises.

It is important to have a lawyer by your side to do everything correctly. The notary will only help you with the signing. We have a company registration service in Spain, as well as a comprehensive guide about starting a company.

Changing of the marital status through a Notary

Another leading service of the notary is the changing of marital status. This is done when someone wants to get married or divorced.

The change of status will have an impact on their rights and responsibilities before the law, so it is something that must be done correctly. For example, if the married couple has children together, this act will determine which partner will gain custody.

To make sure that you are not taken advantage of, it is important that this process is done by an experienced notary who specialises in family law. It is also recommended to get a lawyer involved.

This service can be done in the same way as a sale of a property. The couple will go to the notary with their documents and sign a document which they will both witness. When this has been done, the notary will give them an official copy of what they have stated and send all documentation directly to the local Civil Registry Office for them to carry out the final procedures.

Creating a limited company through a notary

How Lawyers and Notaries work together in Spanish law

Lawyers and notaries work together to prevent fraud and protect people. Lawyers have the training necessary to identify fraudulent documents, draft documents, and support clients with the required documents.

The notary uses signatures and stamps to authenticate private agreements to bring them into the public domain. Next to this, notaries are able to verify documents to see whether they are true or false.

Lawyers are often contacted when an individual or company wants to take legal action. They will contact a lawyer who they know has expertise in that type of transaction. The lawyer will then contact the notary to complete the legal act.

Spanish law and the Spanish Notary

Getting notarised copies of documents

Other services that a notary provides are getting notarised copies of original documents (certified by an official stamp) and witnessing powers of attorney.

A copy can be very useful if you need to take care of financial matters in another country, and also when you need to certify your signature on a company document.

Procedures involved drafting documents

Some legal acts under the Spanish law system require drafting legal documents. Drafting a document (Redactar un Documento in Spanish) means the assembly of all the relevant elements in order to produce a text. In Spain, there are no public notaries that draft documents. The service is usually offered by specialised law firms.

Legal procedures

Frequently asked questions

Can a notary abroad be used for Spanish documentation?

Spain is a member of the Hague Convention of October 5 1961, which means that certain documents, such as those concerning civil law, can be certified by authorities abroad and recognised by courts in Spain without having to appear before an official who possesses both.

How much are notary fees in Spain?

Notary fees in Spain are set by the state and notaries cannot charge more or less for a service. The notary fee depends on many factors, including time of year, location, and type of service.

When do I pay notary fees?

You will pay the notary fees before visiting the notary office. You will get an invoice from the lawyer office. When you are working through a lawyer, the lawyer can also send you the bill.

Is there a refund if the notarised document is rejected?

A fee is charged by the notary office even if nothing was drawn up by the lawyer and no signatures were made. If there is a need for further legal work after the notarisation, then the fees will be charged again.

Government in Spain

Do I need to speak Spanish when I visit a notary office?

Although the vast majority of notaries are Spanish, there are also many bilingual ones. That being said, it is recommended to have a lawyer or interpreter by your side. This is because the translator will be able to explain all of the conditions and terms included in each document so that you fully understand what you are signing.

Is there anything else I should know about the process of getting a notary appointment?

A notary procedure is a very formal process. Legal consequences are often attached to documents that are signed before the notary, so the process must be carried out correctly. Notary fees are high, so it is important to make the appointment worthwhile.

The notary will only certify the signature on the document, and their responsibility ends there. It is then up to the signatory to ensure that what they have stated in the document is valid. So if you have any doubts about whether you are the owner of the property, whether you have repaid loan instalments or whether you need to sign a document before an official, it is recommended that you consult with your lawyer.

Where can you find a notary office?

You can find notary offices in all major cities. The best thing you can do is contact your lawyer, who can recommend a notary office for you, and they will help you find the nearest notary. Lawyers often work close with notaries. You can also find a list of notaries and their offices online (in Spanish) and contact them yourself.

What is a Hague Apostille Stamp?

The term “Apostille” refers authentication of a document for use in another nation, and the Stamp is the way to show that the government authenticated the document.

The Hague conference issues an apostille to confirm that a notary seal or signature on a document is valid. It ensures that the notary has acted within his authority and with due diligence. When a document or contract has an Apostille Stamp, it has the legal force of any official document issued in Spain. This way, you can get documents verified in other European countries and other countries around the world that joined the Hague Apostille Convention.

Documents that can carry the Apostille Stamp are private and commercial contracts, power of attorney, certificates of nationality, birth and marriage certificates, financial documents, title deeds any other document that has been notarised.

An Apostille legalises a foreign public authority and gives them authentication. You can find countries that provide a Spanish notary abroad on The Hague Conference on Private International Law.

How long does a notary appointment take?

You will be asked to sign a logbook when you enter the notary office. You will then be required to provide identification and proof of any dueness with the notary’s office. In most cases, you must know the person who referred you. Or at least have been referred by someone known by the notary public. This is part of their due diligence to ensure that the “quien recibe” (the person who recognises the notary) is really who they claim to be.

Spanish Notary Appointment

What happens to documents that you signed at the notary?

A civil or criminal court can use documents signed by a notary, and they can be used as evidence in any official proceedings by any governmental organisation. Documents signed at the notary become public documents that everyone can access.

When you have completed signing a document at a Spanish notary, the notary will send the document to the Registry Office. You can get a copy at the notary when signing or by going to the Registry Office. It is a good idea to get a copy to prove the signing in case anything goes wrong with the official document (and yes, this sometimes happens).

Since a notary only functions as an intermediary between both parties, they will not be involved in future disagreements or wrongfully signed contracts. Therefore, to protect you from a lawsuit or wrongdoings, it is recommended to get a lawyer involved.

The notary in Spain

If you are moving to Spain or have recently relocated, you must understand what a Spanish notary does. You can use them to start a company, change marital status, and buy or sell a property.

If there’s one thing that we would like to emphasise about the work of these professionals, it’s the following. For many legal procedures notaries are required, It is very formal, and you often need help from an expert to deal with them. We hope our article has helped clarify any questions you might have had about notaries.

If you need a lawyer to guide you, we are happy to assist you. We have vast experience with legalities in Spain, and our team is glad to help with your venture in Spain.

Spanish Inheritance Law: Everything You Need to Know

Spain has some of the most complex Inheritance Laws in Europe. If you have assets, or will inherit assets in Spain, it is important to understand how Spanish Inheritance Law will affect your Estate. In this article, we explore the basics of Spanish Inheritance Law and how it might apply to you.

How does the Spanish Inheritance Law work?

When you acquire something as an Inheritance or a Gift, you are legally required to pay the tax known as Inheritance and Gift Tax (ISD). This tax is regulated by state regulations and is required throughout the Spanish territory.

According to Law 29/1987, individuals who acquire property without paying for it are subject to the Inheritance and Gift Tax. The administration of the Spanish Inheritance Tax is handled by the autonomous communities, with some jurisdictions regulating it more strictly than others. The majority of the Autonomous Communities enact reductions or incentives, and taxes may differ considerably from one to another.

When are you required to pay Inheritance and Gift Tax?

They are obliged to pay the Tax as taxpayers:

Successions in Spain

In Spain, when a person dies, their Estate is subject to Inheritance Tax. This tax is paid by the successors, who are usually the deceased person’s relatives. The amount of tax payable depends on the value of the Estate and the relationship between the deceased and the successors.

Donations in Spain

In Spain, Donations are subject to Inheritance Tax. This means that if you receive a donation from a family member or close friend, you will need to pay Inheritance Tax on the amount of the donation. The tax rate varies depending on the relationship between the donor and the recipient.

Life insurance

Spanish Inheritance Law stipulates that Life Insurance benefits are subject to taxation. This is because life insurance is considered to be part of the Estate of the deceased person. The beneficiaries of the life insurance policy will have to pay Inheritance Tax on the payout from the policy.

Spanish Inheritance Tax rate

Inheritance Taxes in Spain apply to assets transferred between spouses, siblings, and parents. The Spanish government has put in place a progressive tax. A progressive tax means paying more tax if you inherit a larger sum. Below is a detailed overview of the rate:

Inheritance Tax Table

While the table above will give you an idea of the amount that needs to be paid, there are some exemptions. How much Inheritance Tax you have to pay can decrease through certain exemptions.

Important Spanish Inheritance Laws

Inheritance Tax Law in Spain can differ from Inheritance Tax laws abroad. The most important points are:

  • In Spain, because there is no concept of a person’s “Estate,” all beneficiaries must pay Inheritance Tax in some shape or form.
  • The Inheritance Law states that two-thirds of your belongings will automatically be given to your children.
  • The Spanish Succession Tax is levied on all worldwide assets and an Inheritance and Gift Tax in one. If the assets are outside of Spain and the beneficiary is not a resident in Spain, no tax is applicable.
  • There is a regional Inheritance Tax and state Inheritance Tax, and the Spanish Civil Code takes precedence if no regional rules apply.
  • In Spain, there are forced heirship regulations limiting how you may distribute the inheritance.
  • Spanish legislation requires that the Inheritance process be concluded within six months. As a result, it’s critical to contact an attorney as soon as possible.

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inheritance tax in spain

Spain’s forced inheritance rules

If your Estate is handled according to Spanish Inheritance Law, forced heirship rules apply (Law of Obligatory Heirs in Spain). As stated before, this means that you will be restricted in your Will when distributing your Estate.

The Law of Obligatory Heirs

The Law of Obligatory Heirs in Spain states that not only your children may receive your Spanish Inheritance. Also, your spouse and descendants of your children need to obtain a part.

Although this law varies from one territory to another, the Law of Obligatory Heirs in Spain generally ensures that 50% of the Estate goes to a spouse or registered partner, and the other 50% will move to the Estate. This 50% will then be divided into three portions equal.

  • The first part will be equally between surviving children.
  • The second part will go to the surviving children, but the deceased is free to distribute it in the manner they want. The surviving spouse keeps a life interest in this portion of the Estate, and the children do not inherit until after the surviving spouse passes away.
  • The third part of the Estate will be freely distributed in the manner they want.

When there is a situation in which there are no children, then the surviving spouse can claim the other 50%. If there are no parents, children, or spouse, you may use a will to leave property to anybody.

You can’t give away more than one-third of your property (one-third) freely since you must set the rest aside for required heirs.

inheritance tax in spain

Reduce your Inheritance Tax in Spain through exemptions

Spanish Inheritance Law gives exemptions for paying Inheritance Tax, and these differ based on the heir’s relationship to the deceased. There is a division between the beneficiaries into four categories in Spanish Inheritance, and there is also a tax exemption for people with disabilities.

Group 1: Young children

In this group fall children under the age of 21. They will get a tax exemption for the first €47,859, which implies that no Inheritance Tax will be required to be paid over the first €47,859.

Group 2: Older children and direct family

In this group fall the children over the age of 21, grandchildren, spouses, and parents/grandparents (including adoptive). They don’t have to pay tax over the first €15,957.

Group 3: Close relatives

In this group fall the siblings, aunts, uncles, nieces, nephews, in-laws, and their ascendants/descendants. They will get an Inheritance Tax exemption of €7,993.

Group 4: Far relatives

In the fourth group fall the cousins, other relatives, unmarried partners (unless the region allows it) and those who are unrelated. These will get no Inheritance Tax exemption.

Group 5: Disabled People

Those with disabilities receive an allowance of either €47,859 or €50,253, depending on the extent of the disability.

Each Spanish region is free to change the tax allowance amounts for these categories at any time. As a result, contacting an Inheritance Lawyer who will help you figure out how much Spanish Inheritance Tax you owe is recommended.

Inheritance Tax and Residency

Any beneficiary of a bequest is subject to Spanish Inheritance Tax on assets acquired after death, as well as on lifetime gifts. Both residents and non-residents are subject to Inheritance Tax, and since 2015, the tax has been the same for residents and non-residents.

Inheritance from a Spanish non-resident

In Spain, non-residents must pay Inheritance Tax if they inherit assets. In other words, although not a tax resident of Spain, the heir must pay taxes if they inherit property from a deceased person who was a resident of Spain. Only the deceased’s Spanish assets are taxed, not his foreign assets.

Inheritance from a Spanish resident

If you happen to be a resident of Spain, you must pay for all of your Inheritance’s costs in the Spanish State if it comes from assets on Spanish soil or abroad. However, if the Inheritance was also paid outside of the country, you can deduct these taxes from your Spanish Inheritance Tax.

Inheritance tax spain

Creating a Will in Spain

A Will is a legal document stating how you want your assets to be distributed after death. It also provides instructions for the care of any minor children or dependents who are financially dependent on you.

When you are creating a Spanish Will, you need to be aware that Spanish Laws are different from those abroad. For the Will to be valid you need at least two witnesses, next to this it needs to be drafted in Spanish, and deposited at the Notary. You must also:

  • Be at least 18 years old
  • Make it on your own
  • Be of mental capacity
  • Make it in writing
  • Sign it in the presence of all parties

Inheritance in spain

Challenges that come with Inheritance

The difficulties of Inheritance include emotions, family dynamics, and the grief associated with losing a loved one, these challenges include

  • Claims regarding the use of powers of attorney
  • The validity of Wills and trust plans
  • The transfer of common property
  • Gifts made during a donor’s lifetime
  • Legal demands and accountability to government authorities

Next to these, specific testamentary clauses can alter when they are illegal or harm the heirs. The heirs can contest a Will when the formalism cannot follow or if its stipulations injure them. Contact us, if you want to contest an inheritance or are being contested.

Spanish inheritance tax

Frequently asked questions

Below you can read frequently asked questions on Spanish Inheritance Law.

What is an Estate Tax?

The Estate Tax is charged to your right to transfer property after you pass away. It’s the sum of everything you owned at the time of death. This sort of tax is calculated based on the deceased person’s net worth at the time of death.

What is an Inheritance Tax?

Inheritance Tax, also known as death tax or succession tax, is calculated based on who gets the deceased person’s assets. The Inheritance/Estate tax percentage is determined by the present value of the asset received by the heir/beneficiary and his actual connection with the decedent. Heirs are exempt from Inheritance Taxes in some cases, and sometimes rates are significantly reduced. However, distant relatives or friends of the deceased might be subjected to a higher Inheritance Tax rate.

What is a Gift Tax?

A Gift Tax is a type of tax that is levied on the transfer of valuable items. Because the name implies “gift,” the receiver cannot pay the giver the full value of the present, but they may pay something less than that. It is required under a Gift Tax for the individual who hands over the present to pay taxes.

Is Spanish Inheritance Tax deductible?

The Spanish Inheritance Tax deduction is a concept that reduces the tax liability of the family members who receive the transfer. If tax deduction apply, you will need to prove your relationship.

Who is responsible for Spanish Inheritance and Gift Tax?

The person receiving a gift or an Estate in Spain is liable to Spanish Inheritance Tax unless a specific Spanish Inheritance Tax deduction applies. Spanish Inheritance Tax exemptions may apply if the person receiving a gift or an Estate in Spain is a Spanish resident or national.

Where do I pay the lowest Inheritance Taxes in Spain?

The Basque Country, Andalusia, Cantabria, the Canary Islands, the Community of Madrid, and Extremadura are the Autonomous Communities that almost entirely exempt the closest relatives from paying taxes.

Are the Gift Tax and Inheritance Tax rates the same?

Yes, the Inheritance and Gift Taxes are of the same rate.

Get help with Inheritance Law in Spain

If you need help from a Spanish Inheritance Lawyer, we can help. We offer a variety of Inheritance services such as Will drafting, probate assistance, Inheritance tax planning, and more. If you have a question about Inheritance Law in Spain, please don’t hesitate to contact us.

Disclaimer: Information on this page may be incomplete or outdated. Under no circumstances should the information listed be considered professional legal advice. We highly recommend seeking guidance from a legal expert if you lack extensive knowledge or experience dealing with any of the procedures outlined in these articles.

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Apostille Stamp Spain: Legalising Documents for Spain

When you don’t want to come to Spain, and you need a document to be legalised by a notary in Spain. Then you can do this in your home country when Spain recognises the notary in your home country. This article will provide information on how this works through the Apostille Stamp.

When do you need an Apostille Stamp?

People use the Apostille when they want to work, retire, inherit, do business, and do other things in another country. They need legal documents to prove their identity, nationality, marital status, medical status, among other things. The foreign country will recognise and accept the documents in the official translation and carry an Apostille Stamp.

Legalise Spanish documents for your home country

When you have received legal documents in Spain, and you want them to be recognised in another country. Then you can translate them and get them Apostilled. For example, a Spanish diploma for a Master’s degree will need to be translated and then legalised in your home country.

In Spain, stamps are sometimes provided free of charge when the documents come from a governmental authority. Stamps from a notary for notarial and private documents carry a fee, which depends on the number of documents and the notary.

When your country doesn’t recognise Spanish as an official language, you need a sworn translation.

Legalise your home countries documents in Spain

When you are coming to Spain, and need to provide your home country documents. Then you can do this in a notary in your home country, or get it from one of the public agencies. Spain will need to recognise this authority, and you will need to provide the documents. If the documents are not in an official Spanish language, they will need to be translated into the Spanish language by a certified translator, and then Apostilled. Following this, Spain will recognise your home country documents.

Member state

What is the Apostille certificate?

It is an international certification that verifies the authenticity of public documents, and it certifies documents issued by an authority as official and genuine. The Apostille Stamp will make a national document officially recognised by a foreign country. This is useful because the foreign government does not need to verify the document themselves. For example, in the case of Spanish documents, it brings foreign documents abroad into the public domain of Spain.

Legalise foreign documents for Spain in your home country

The Apostille stamp will give an official certification of the authenticity of your Spanish document. You can get the Stamp in most countries, including most European countries. Documents issued by the Spanish administration used abroad must meet certain requirements before being certified.

The effects of an Apostilled document

There are many effects an Apostille will have on a document

  • The Stamp merely verifies the document’s origin: it confirms the person or entity that signed or sealed the public document’s validity and capacity in doing so.
  • The entity that issues the Apostille will determine the weight of the public document.
  • Contents not attached are not certified by an Apostille.
  • Apostilles are not licenses and do not add additional authority to the content of underlying documents.
  • Authentication in a nation where it was issued is not permitted.
  • Public documents that carry Apostilles are only valid for outside their own country.

Apostille Spain

The history of the Hague apostille convention

The Apostille Stamp (or Hague Certification) is a stamp on the documents and certificates that certifies official foreign documents. A Notary Public / Legal Officer has checked their authenticity registered to use this international system.

This Apostille is valid throughout all countries part of the Hague Convention of 1961, and several other countries ratified this Convention. The Apostille legalises the Stamp by the requirements of the Hague Convention. The Hague Convention brings together all member states which recognise public documents certified with this mark.

Spanish Lawyer

What documents can carry the Apostille Stamp

It depends on the type of document and its requirements by the Spanish government if a foreign document needs to be Apostilled.

Documents that can be validly certified through the apostille process

In general, documents and situations that can need the Hague Apostille convention stamp are:

  • Company formation (Certificates of Incorporation, Memorandum & Articles of Association, Form from Companies House, Certificate of Good Standing, etc.)
  • Power of Attorney (Poder notarial)
  • Divorce Certificate (Certificado de Divorcio)
  • Birth certificate (Certificado de Nacimiento)
  • Marriage certificate (Certificado de Matrimonio)
  • Medical documents (Documentos Medicos)
  • Death Certificate (Certificado de Defunción)
  • Certificate of no impediment (Certificado de Idoneidad)
  • Criminal Records (Informe del Registro Central de Penados y Rebeldes o Certificado de No Antecedentes Penales in Spain)
  • Patents
  • Notarial attestations of signatures
  • Academic records
  • Licenses and certificates issued by public bodies

Documents that can’t be validly certified through the apostille process

In general, documents that cannot carry the Hague Apostille convention stamp are:

  • Documents issued by diplomatic or consular officials that show an unmarried status. For example, a certificate of singlehood from a foreign embassy in Spain.
  • Documents for commercial transactions or customs declarations. For example, a certificate of origin for goods produced in the United States.

Language services for validty

Requirements for your document

An Apostilled document has specific requirements. Below are the main conditions:

Original document

The document you’re submitting must be original and authentic. This means copies are not allowed. Only public documents not altered in any way are allowed.

Have all references and appendices

Suppose the paper includes references, appendices, or other notations. Then you must include them with the documents.

Translating the document

When you want to legalise a document for the Spanish authority, and the document is not in an official Spanish language. You will also need to translate the document by a sworn translator. If the translator is not a sworn translator, Apostillisation of the translation is necessary.

Hand over of documents

Prepare to hand over the original document for some time to be processed. With this, you must factor in losing control over the papers.

Signatures for Apostille Stamp Spain

Frequently asked questions

Below you can find frequently asked questions about Apostilling documents for Spain.

What do I do when a country is not part of the Hague Convention?

You need a separate legalisation process if the country you are from is not in the Hague Convention. In this case, you will need to consult the Spanish Consulate of your country for more information. Sometimes, an Apostille Stamp will be recognised, but other processes are needed to fully authenticate the documents.

The countries relationship with Spain will determine the regulations needed to legalise the documents. Sometimes, a different organisation than the ones that give out Apostilles is in charge of this process.

Is there a gold seal certification in Spain?

No, instead of the Gold Seal, Spain uses the Apostille Stamp.

What documents require Apostille authentication?

In Spain, all public documents issued by a notary or a state official must be legalised with an Apostille stamp to be used outside the European Union. The most common examples of these documents are birth certificates, marriage certificates, death certificates, and Power of Attorney documents.

What is the difference between legalisation and Apostille?

The Apostille Stamp replaces the process of “legalisation” by Spanish consulates. In other words, the legalisation aimed to certify that your public document is issued according to the laws of Spain. The legalisation is now done through an international procedure.

How much does an Apostille cost in Spain?

The number of documents and the institution that will handle the Apostille will determine the fee.

What are the benefits of the ApostilleStamp?

The benefits are that you can use the Stamp in any signatory state of the Hague Convention without legalising the document again by a local notary in Spain.

Who can legalise or Apostille my documents?

In general, a public notary abroad or in any Member State of the Hague Convention can legalise/Apostille your document.

What is a notary public?

A notary is an official with special powers to certify that certain documents are authentic. In the case of Apostillising documents, it will verify that the signer’s signature on the documents is genuine and affixes their seal.

What is a sworn translation?

An official translator makes sworn translations. They will translate legal documents correctly. A sworn translator must have a license and pledge to provide a correct translation upon any request.

Do I need anything else to show that the signature or seal on my public document is genuine?

No. The signing or sealing of a public document merely requires that the relevant Competent Authority issue an Apostille. Furthermore, it establishes that the signature or seal on the public document is genuine and shows that the person or authority who signed or sealed it could do so.

Can a country that requires an apostille deny it?

The government must accept an Apostilles, per the Convention’s requirements. But, the government can refuse a document when its origin is unclear or doesn’t follow the rules of the Convention.

What is a public document?

If signed or stamped by a person who holds a public office in Spain, a document is a public document in Spain. For example, such documents include the Power of Attorney documents, official certificates, notarised copies of academic records or diplomas, etc.

What languages does Spain recognise?

Spain’s accepts Apostilled documents in Spanish, Basque, Galician, and Catalan. These are the official languages in Spain. You don’t need to translate the document by a sworn translator, if the other country you are dealing with has it as an official language

What countries are in the Apostille Convention?

The list of signatory countries is long and is here.

How much time does it take to Apostille a document?

In theory, it takes a few days to issue a standard The Hague Apostille. However, Spanish bureaucracy can sometimes be lengthy. Next to this, if you email documents. It will more than likely take up to four weeks due to verification procedures. You have to wait longer if you need to translate the documents into the official language first.

Apostille Spain

A word from SpainDesk

A Spanish Apostille stamp will help to legalise your documents for the Spanish government. It is an official certification that authenticates the signature and seals of a notary public. In that way, recognition of foreign documents in Spain is easier.

To Apostille documents often you can use the notary in your home country. When the document is not in Spanish, you will also need to translate the document through an official translator. When you need documents Apostilled, SpainDesk can assist you. For example, our lawyers in Spain will pick a trusted notary for you, get an official translation, and communicate the documents to the Spanish government offices that need requires them.

How to Choose a Spanish Lawyer

Spanish law can be difficult terrain for a foreigner. Therefore it is highly recommended to get a Spanish lawyer. Not only for the legal aspects but also to get acquainted with the know-how things work in this country.

When looking for a lawyer in Spain, you may have many questions that need answers. In this article, we hope to help you and give you answers on finding a lawyer easily and what information to ask them once they are hired.

While SpainDesk offers legal services, we try to give you an objective view about choosing a Spanish lawyer in general.

Choose a Spanish lawyer in your autonomic region

Find a local lawyer to inform you about the difference within the autonomic region you are staying in. Each autonomic area has its own rules for tax, property, and family law, and your lawyer will have to know these local laws.

Spanish lawyer

Find a Spanish lawyer that speaks your language

The first requirement for a Spanish lawyer, whatever their speciality is, must be that he understands your language. How can you find a lawyer who speaks your language? It would be best if you did not overlook that there are many foreign lawyers in Spain. For example, there are English speaking lawyers. Lawyers in the Spanish legal system represent Dutch, Russian, French, German, Italian, and other languages. Be sure to ask about this when you check on your law office.

Make sure you get clear legal advice

It would help if you informed yourself about the lawyer’s previous work. Therefore make sure to go over all the documents together with your lawyer and ask them any questions you might have. It will help prevent any misunderstandings later on. Spanish law can be complicated, especially as a foreigner, so make sure to be informed about the Spanish legal system with the help of your lawyer.

Choosing a lawyer in Spain

Tips for choosing a Spanish lawyer or Spanish law firm

Below you can find five tips to help you choose a Spanish lawyer or law firm:

  1. Choose someone who is specialized in the area which is needed.
  2. Choose someone you can trust and make sure they can handle the case and can do it well.
  3. Make sure you feel comfortable with them; this will help you find a good working relationship that can lead you through all the process.
  4. Ask for recommendations or do some research. That way, you will have more chances of finding a reliable lawyer.
  5. Make sure you are transparent with all the fees and payment methods before starting any work. This will avoid any extra costs later on.

Types of legal services Spanish lawyers offer

Lawyers offer an extensive range of services in civil and business law. The most common area’s Spanish lawyers assist in are property law, criminal law, family law, immigration law, administrative and tax law.

Spanish lawyer for Spanish property

Spanish lawyers can help you with property law in Spain. Property lawyers can guide you through the process and help you with anything from buying a house to renting an apartment. They will ensure that the Spanish property transaction is entirely lawful. Next to this, they can be your mediators in case of disagreement with the landlord, seller, government, or community.

Finding a lawyer for your Spanish property is essential. Legal help with selling and buying property in Spain is highly recommended. Even though it may seem costly, the legal fees are minuscule compared to the huge amounts of money involved. The last thing you want is to get into a dispute with someone who has sold or bought your property.

Family law

Spanish lawyers can help you with Spanish wills and inheritance law cases. They will provide legal advice on what to do in case of a divorce, separation, or death. They can make all legal and official documents on your behalf through a power of attorney.

Immigration law

Spanish immigration lawyers can help you with your immigration status in Spain. They will advise you on the best available option to remain in Spain, including what type of visa is appropriate for your situation. There are several different types of visas in Spain, such as Work Visa, Business Visa, and Golden Visa.

Business law

Spanish lawyers can help you with the company formation process in Spain. Before establishing a company in Spain, you should hire someone that knows the legal formalities and obligations to avoid fines or even closure of your business. Spanish lawyers will help you set up the company within a few weeks. Hiring a lawyer for your business in Spain is recommended because the Spanish government is known for its administrative difficulties, delays, penalties, and fines.

Tax lawyers and accountants

There is a tax liability in Spain, which is strictly enforced. When staying in Spain for more than three months, it is advisable to hire an accountant, tax lawyer, or tax advisor. This way, you make sure that your affairs are in order and the tax liabilities are clear from any disputes or misunderstandings with the government of Spain. Inheritance tax in Spain is also complex. If you do not want to get involved with the taxes yourself, it will be best for you to hire a tax lawyer or other finance professional.

FAQ on Spanish Lawyers

Frequently asked questions

Below we discuss some of the common questions around Spanish lawyers.

Where can I find Spanish lawyers?

You can find Spanish lawyers in several ways. You can check for them in Directorates, look for your questions online, or get referred by a friend.

What is the translation of “lawyer” in Spanish?

The translation of lawyer in Spanish is Abogado.

How much is a lawyer in Spain?

A lawyer in Spain would charge between €85 and €200 per hour. It depends on the experience of the Spanish lawyer, where you are located in Spain, and how complex your legal issue is.

How do I verify a Spanish lawyer?

A lawyer in Spain will have the Matricula de Abogado, and this is a certificate of good standing and professional ability.

Conclusion

Spanish legal matters and Spanish law is complex. Seek professional help in the form of a lawyer in Spain. They will offer you legal advice and legal services, so you don’t have to worry. We hope this article has been helpful to you.

Power of Attorney in Spain: Meaning and Usefulness

A Power of Attorney in Spain is a contract that grants a third party the authority to act on your behalf. People use it typically for legal and transactional matters. However, it can also be used for a range of other things. In Spanish, the Power of Attorney is also known as Escritura de Poder,’ or ‘Poder Notarial’. People who may be unavailable to attend specific affairs give the authorisation. They use the document to nominate a particular individual to represent them. In this guide, we will explain everything you need to know if you want to use it.

How does it work?

Granting Power of Attorney is a relatively straightforward process, but we’ll outline the key things you should consider before getting started.

Types of Spanish Power of Attorney

There are three different types of Power of Attorney, all with varying levels of legal authorisation you can give a person.

General

  • As the name suggests, this gives your representative general powers to complete a wide variety of legal tasks on your behalf.

Special

  • This option authorises your representative to conduct a specific task for you, such as incorporating a business.

Preventative

  • This Power of Attorney is for those who would like to appoint someone to manage their affairs and medical decisions in anticipation of their diminished physical or mental capacity.

Types of Spanish Power of Attorney

Representative obligations

The representative gives the individual they appoint the Power of Attorney. Often this is a lawyer, but it can also be a trusted family member, friend or colleague. The person is required to follow any instruction communicated by you, the donor strictly, and is forbidden to take actions outside of the Powers of Attorney authorised to them. It’s also mandatory that they render accounts to the donor and provide any money they have accepted on their behalf. Additionally, if the donor suffers any damages due to the attorney’s negligence, the representative in question will take complete responsibility.

Donor obligations

The donor must fulfil any obligations that the attorney made on their behalf. The purpose of the donor is to control and supervise their representative’s actions. The donor is the person who will be held accountable for any financial or legal errors that may have occurred as a result of their representative’s actions.

These obligations also include advancing any money to the attorney necessary to execute assigned tasks. In short, the donor is responsible for any attorney’s actions that they instructed.

The Procedure

Granting Power of Attorney is a simple affair. Once you’ve identified an individual or lawyer you’d like to extend these powers to, there are a few easy steps to get the necessary documentation legalised.

  • A lawyer will draft you a Power of Attorney document in English and Spanish outlining the powers to be granted to your specified representative.
  • Once all the details in the document have been confirmed, an appointment will be scheduled with a public notary in Spain or elsewhere to verify the identities of you and your donor and witness the signatures.
  • For those arranging a POA while outside of Spain, please note that the document must also contain the Apostille Stamp; this is an official stamp that guarantees the document’s validity in both Spain and the country the signature took place.

Spain power of attorney

The Spanish Power of Attorney document should contain the following information:

  • Personal details of both the donor and attorney
  • The location where the document is signed
  • The date of signature
  • The full name of the public notary
  • The city that the public notary operates out of
  • The primary purpose of the Power of Attorney and the exact rights that are being granted to the third party
  • The signatures of both the donor and the attorney
  • A stamp from the public notary

Termination

It’s important to note that unless directly specified by the donor, Powers of Attorney don’t have an expiration date. In saying that, you can revoke these powers at any time by granting a Deed of Revocation of Power of Attorney authorised by a public notary.

Automatic termination of the mandate will happen when the donor or attorney dies or loses mental capacity.

Persons who need a POA

When do you need a Power of Attorney Spain?

If you live outside of Spain, you cannot attend certain legal events, or if you would prefer to have a representative handle matters for you – then a Power of Attorney in Spain is an ideal choice. Not to mention, navigating a foreign legal system in another language can be a complex and challenging task to handle on your own. Granting Power of Attorney to a representative allows them to complete a range of legal tasks on your behalf, including:

Buying and selling property

Buying property is one of the most common reasons for applying for a Power of Attorney. It is normal to get a Spanish property lawyer when you are doing any real estate transaction. If you’re looking to buy a house in Spain, then it is possible that your attorney and notary will negotiate the contract on your behalf. This has the benefit that you don’t have to travel to Spain and can manage the process online, the process is smooth, and you can rest assured that all documents are in order. Next, buying a Spanish property can be pretty time-consuming, complicated, and all done in Spanish. Having the right Power of Attorney in place to manage this aspect means you don’t have to worry about things like notarisation or registration – they will all be taken care of by your attorney acting on your behalf.

Selling property – if you own property in Spain but are currently residing outside of the country, consider granting POA so that an attorney can act on your behalf when selling the property. The benefits of this are that a language barrier won’t hold up the sale of your property, and you don’t need to travel back to Spain.

Starting a company

Forming a company in Spain is also a popular reason to get a POA in Spain. Suppose you’re looking to start up a business or an association. In that case, required notarisation and registration are commonly completed by a lawyer for you, so you can focus on starting the business. Next to this, having a lawyer manage the process can save you time, money and effort.

Dealing with any inheritance matters

Another reason to consider getting a POA in Spain is dealing with inheritance matters in Spain. If you’re inheriting property from one of your Spanish relatives, it is usually more secure if a law firm takes care of it for you so that you don’t have to travel and worry about any legalities.

Obtaining your NIE number (Spanish foreigner identification number)

Lawyers can help you obtain the NIE (Spanish foreign identification number) that you need for many things in Spain. This process is generally relatively straightforward. However, it can be made more complicated by the bureaucracy of government departments. For example, some offices require that specific forms are filled out and signed in person – meaning you have to travel back home if such documents are required. Having an attorney handle everything on your behalf means that you don’t have to worry about anything.

Handling taxes and payments

Solicitors can help you with the day-to-day handling of taxes and payments in Spain. This means that your lawyer will ensure all bills are paid on time to avoid late payment fees or other penalties – as well as ensuring appropriate declarations are made. This may be worth considering if you are residing outside of Spain and find it difficult to manage the paperwork.

Managing bank accounts and direct debits

Another benefit of the Power of Attorney is that your representative can open and manage your bank account for you. If you’re living abroad, it may be difficult to keep track of funds in a Spanish bank account – which could result in incorrect fees being applied or other consequences. This specific POA means they can manage your Spanish bank accounts and make sure any money is transferred to an account where you can access it easily.

Obtaining a Spanish Residency

If you live outside of Spain and would like to obtain a Spanish Visa, (for example the Golden Visa) then the POA is the way to go. This allows an attorney in Spain to handle all the paperwork for you – including registration at the local police station as well as any documentation from the local town hall.

Conducting legal matters (civil or criminal litigation)

Remember, the attorney is required to follow your exact instructions throughout the various procedures and can be limited to a selection of powers. You are still in complete control over your business, and your attorney simply acts on your behalf.

As you can read the powers of attorney can reach a variety of different areas. Letting someone act as your representative in Spain can save you a lot of time, money and effort – ensuring that everything runs smoothly from start to finish.

Utility contracts

When you want to open a utility contract in your name, but you can’t be present. With the POA in place, a person will be able to do this for you and make sure all necessary documents are submitted correctly. This can save you from having to travel back or worry about filling out any forms incorrectly. In many cases, it is even possible for the Spanish attorney

Circumstances to get a POA

What are the benefits of a Power of Attorney?

When executed properly, the POA is a valuable document that can help you protect your rights and assets in Spain, as an individual or business owner. It can also help you avoid the potential for expensive legal fees and time wasted by attempting to handle matters yourself.

Instead, you are able to delegate responsibilities with a professional lawyer in Spain that will be recognised as valid and legally binding under Spanish law – allowing your chosen representative complete control over any tasks or actions they deem necessary.

There are several advantages to using a Power of Attorney in Spain. Particularly for those with a busy schedule or those who currently reside outside of the country, a Power of Attorney gives you the flexibility to conduct legal business and transactions without sacrificing too much of your time or money travelling. Some of the key benefits of signing over Power of Attorney to a trusted legal representative include:

  • Safety: With a range of legal requirements and high levels of accountability, issuing a Power of Attorney ensures your assets will be protected, and any matter will be managed according to your exact instructions.
  • Speed: By signing overpowers to an attorney, your physical presence is no longer required for any relevant legal matters. If you live in a different country or are unable to attend certain meetings or events, this mandate will assist in speeding up various procedures.
  • Accuracy: Granting Power of Attorney to a qualified lawyer will give you peace of mind knowing that with years of experience, they’ll be capable of conducting your transaction with confidence and a high level of accuracy.
  • Convenience: A Power of Attorney will help free up your schedule and eliminate the need for you to go through the motions of lengthy legal processes on your own time.

Getting started

Our trusted team of bilingual lawyers have extensive experience managing Power of Attorney mandates for a variety of situations. If you’re looking to save valuable time by granting a Power of Attorney to a legal representative, then contact us today for professional advice and to learn more about the service we offer.

Authority with the POA

Frequently asked questions

How long does a Power of Attorney last in Spain??

The Power of Attorneys can be valid for one year, two years or ongoing. We offer Spanish Powers on an annual basis which means that you need to renew your documentation every twelve months. Our solicitors will check the validity period and inform the client of any required actions.

Where can you get the Spanish Power of Attorney?

You can get the Spanish Power of Attorney at any law firm in Spain. You can then sign it in front of a notary in Spain, or at a notary in your home country. When you sign it in your home country, an Apostille certificate from the Hague convention is required. This certificate is issued by the Foreign and Commonwealth Office in your country.

What are the costs?

A power of attorney costs 60€ plus VAT (21%), making the total fee 81€. If you want to give a lawyer a power of attorney, this fee is often included in the total price of the requested services. These services can be property, opening a business, estate planning, tax law and other legal matters.

What is a POA?

POA stands for Power of Attorney. It is a legal document that allows someone you trust to act on your behalf. This person will be able to manage any property, business or other matters for you in Spain – without ever having to visit here themselves.

How long does it take to get the Spanish Power of Attorney?

It takes one to two weeks (excluding weekends) from when you sign your legal papers in Spain and provide us with a copy until we send out the final documents by post or email attachment.

What does a Power of Attorney include?

The Power of Attorneys we offer is valid for any legal matter and will include a complete ‘deed’ with your name, address, date, and details about what you want us to manage. Should someone request more information or proof from our office regarding your Power of Attorney, we are legally obliged to give them the information they request.

Is an English or other countries Power of Attorney valid in Spain?

No. A power of attorney needs to be drafted and executed in Spain. However, we provide a Spanish translation service for existing Power of Attorneys from other countries. Yet, the originals need to have been drawn up within Spain before notaries before any Spanish government body accepts them.

When I get the Spanish Power of Attorney, do I need to be in Spain?

Not necessarily. If a client is not able or willing to come to Spain, they can send us the documents by post, and we will make them legal. We can also issue the Spanish Power of Attorney if your representative goes through our office. In this case, our office will contact the notary, and we will legalise the documentation.

How long does it take to get Power of Attorney?

It takes one week from when you sign your papers at the Spanish consulate or embassy until we send out all final documents by post email attachment. We need around two weeks for processing as we need to receive all documents with a translation.

Can I get the Power of Attorney by email?

Yes, you can provide us with your signature and passport copy through email or fax and then sign the papers in front of our Spanish notary. We will send back all final documents within one week after receiving them, but the total time to process your power of attorney will be around two weeks.

Do you need an Attorney in Spain to get the POA?

No. But if you wish to work with a lawyer simultaneously, they can provide an extra service by acting on your behalf. This way, they can handle all legal matters for you in Spain. Our office can help you communicate with your clients and provide official and legally valid documentation on behalf of you.

Can I grant family members the Power of Attorney?

Yes, you can grant the Spanish Power of Attorney to anyone – family member or not.

Do I need a Power of Attorney when buying or selling a property in Spain?

It is very typical to use a Power of Attorney when buying or selling property in Spain as a foreigner. There are many scams and illegal documents out there that can cost you a lot of money. Typically, a property lawyer will assist with the legal processes to do your property transfer safely with no risk.

Can I sign the Power of Attorney with a Notary in a different country?

Yes, you can sign it in front of a Notary from your country. For example, you can sign the POA document with a notary in the UK. After signing, you need to send us the official notarised document. This document should include the Hague Apostille to make it legal in Spain. A Hague Apostille is a legalisation that confirms the notary is valid in your country. You can get this at the Foreign and Commonwealth Office in the UK.

Spanish Power of Attorney

We can offer the Power of Attorney to our customers in Spain.

If you live outside of Spain, cannot attend certain legal events, or prefer a representative handles matters for you. Then a POA in Spain is an ideal choice.

Navigating a foreign legal system in another language can be a challenging task to handle independently. One of our lawyers will be happy to assist you with a Power of Attorney.

Civil Lawyer in Spain

Civil lawyers can work on many different issues. They defend the client’s rights and appeals against judicial acts in civil cases. Today, finding the best civil lawyer in Spain can be difficult because of the many legal firms. Consider SpainDesk legal service, and we will provide you with the best services we can. We have a team of civil lawyers that know the Spanish law and will help protect your rights in Spain.

Our civil lawyer also appeals against the actions, interact with bailiffs, and handles the framework of enforcement proceedings. If you or your family members are stuck in a civil case in Spain, you might need a civil lawyer. We offer services for:

  • Compensation for damage in case of an accident
  • Insurance payments collection
  • Collection of debts on civil transactions and receipts
  • Challenging the will
  • Restoration from inheritance’s term
  • Protection of Consumer Rights
  • Compensation for damage
  • Recovery of alimony for minor children
  • Division of the common property of spouses
  • Deregistration

Civil law applies to the judicial authorities, and it will protect your rights and legitimate interests. If your problem is not possible without a civil court trial, we can assist you as a third party, defendant, or plaintiff. Our civil lawyer defends the interests of principals, whether general jurisdiction and arbitration courts. We manage your civil cases and are helpful in providing a satisfactory result.

Civil lawyer services in Spain

At SpainDesk, our civil lawyer can provide legal advice and represents your entity with a variety of issues. We have an expert team of civil lawyers here to serve you and solve all the legal problems.

Our civil lawyer in Spain can take care of:

  • Agreements, contracts, and other documents of a civil nature.
  • Conducts legal documents
  • Participates in the preparation of planned transactions
  • Manage the settlement of conflicts
  • Prepare a preliminary security check
  • Complete the process of registration of transactions
  • Prepares statements and responses to the claims brought to the judicial authorities;
  • An appeal against illegal and unfounded court decisions
  • Formalize an inheritance
  • Help to acquire property
  • State registration of rights
  • Registration of divorce

After contacting our civil law team, we will contact you and you can accept our legal representation service. We can offer you a complete package to manage your case. We give clear legal advice, can prepare a claim, and support you until the execution of a court decision. If you are looking for a civil lawyer in Spain, consult us today!

International lawyers in Spain

SpainDesk has a team of international lawyers in Spain that are here to help you on all international issues to minimize legal risks and find non-standard solutions. When you consult us, you probably ensure yourself that nothing threatens your property interests. Our international lawyers have a huge success rate through repeatedly won cases that are considered as hopeless!

However, an only experienced lawyer knows all the intricacies of legal formalities and ways to come out from difficult situations. At SpainDesk, you will connect with the best international lawyers in Spain that specialize in the following areas:

  1. International commercial arbitration
  2. International commercial law
  3. International private law
  4. attorney in international law
  5. International criminal law
  6. International banking law

SpainDesk international lawyer have knowledge of civil procedure, international law and international commercial arbitration. Our international lawyer provides quality assistance to our beloved clients and participates in court cases.

SpainDesk team of International lawyers handle all international issues:

Our team of international lawyers will be able to help our clients and also offer complete protection at the time of filing a complaint in the international court. SpainDesk professional lawyers know how to tackle difficult situation and how to manage everything on client’s demand.

Our international lawyers in Spain provide assistance to protect interests under international legal norms. SpainDesk international lawyer offer quality services in the following spheres of life:

  1. Liquidation and formation of offshore companies;
  2. Translation services in court cases;
  3. Reorganization of offshore companies;
  4. Enforcement proceedings;
  5. International civil procedure;
  6. Assistance in doing business abroad.

The primary purpose of hiring the services of international lawyers is the deep grip on the legislation of several countries. All our lawyers speak fluent English, so you never face any hurdle at the time of communicating with us.

International lawyers in Spain – Attorney in International Law

The unbreakable rule of the world’s law is to observe human rights first and after that compliance with international conventions between specific jurisdictions. Our International lawyers have extensive international experience; as a result, they help you to file a claim in the international court.

At SpainDesk, you will get the service of international lawyers in Spain that helps to solve the given problems:

  • Investing abroad;
  • Buying real estate abroad
  • Cooperation with foreign investors and partners;
  • Settlement of disputes under international law;
  • Business organization abroad;
  • Appealing a court decision to higher instances
  • Preparation of foreign economic agreements;

Our international lawyer’s team manage international arbitration and international business transactions. Also, they know the civil procedure, foreign law and all the other legal proceeding because of extensive experience.

SpainDesk’s international lawyers in Spain are ready to help you and even protect your rights in the most desperate and hopeless situations. Our expert lawyers thoroughly study all aspects of a disputable situation, after that help you form a solid evidence base,

Legal representation in Spain

Citizens can appear in court with the help of legal representative’s service. Following the law, any competent person acting under the power of legal attorney can provide representation services in court. Are you looking for reliable legal representation in Spain? If yes, then consult SpainDesk and get the guidance of expert lawyers.

SpainDesk legal lawyer play the role of partner who offer representation services in court, have the right to:

  1. Submit a statement of claim in the court
  2. Draw up and submit complaints, explanations, motions, and other papers
  3. Submit a write up of execution
  4. Provide written and oral legal advice
  5. Submit a counterclaim
  6. Appeal against court decisions
  7. Conclude a settlement agreement on behalf of the client
  8. Sign a statement of claim on behalf of the client
  9. Change the subject matter and the statement of claim
  10. Receive money issued within the enforcement proceedings.

SpainDesk specialists can provide representation services for civil or arbitration proceedings in court. We offer qualitative assistance of legal representation in Spain that is comprehensive and offers full-fledged clients protection.

Lawyer assistance in court: how much does legal representation cost?

Legal service for consulting a lawyer can play a crucial role in getting a favorable decision of your case. After all, SpainDesk lawyer-representative will be available for you almost 24/7 and provide the service clockwise.

Our main aim is to resolve the issue urgently and save your precious time. Meanwhile, our legal representative lawyers have diverse experiences that help you in every difficult situation. We can isolate the essence of your problem; after that, we think about solving it comprehensively – through simple and effective way. SpainDesk lawyers have the following advantages for representation in courts of general jurisdiction:

  1. Considerable knowledge and experience in various fields
  2. Representation is the lawyer’s main activity, which means that he knows the whole process in full detail.
  3. A clear understanding of the judicial system
  4. A well-developed system for filing applications
  5. Monitoring the progress of the case at all stages

The benefits of legal representation in Spain

SpainDesk offers legal services to solve the case’s internal and external problems on behalf of the client. We allocate the time first; after that, immediately determine which issues need to resolve first. Our legal representative lawyers have enough knowledge to provide legal support for enforcement proceedings.

Our experts understand the case situation Immediately because of best practice in legal service and helpful in obtaining positive court decisions. We decide the legal representative fee at the start of the case; sometimes, the client agrees to an hourly rate or sometimes pays at once.

Nowadays, the current legislation provides the vast possibility of citizens, including individuals and legal entities, that appeal for the protection of rights. Professional representation is the only right solution for those who have not a direct relationship with jurisprudence. However, to solve all the legal matters, you need the support of our SpainDesk specialist lawyers familiar with all the regulatory framework of intricacies.

Are we searching for legal representation in Spain? We are glad to invite you to visit our official web page called SpainDesk.com and get the main directions regarding our service. Each of our clients can get comprehensive support at each stage of cooperation, from preparation to judicial consideration of cases in various law areas.

Why hire our lawyer service?

However, international economic activity can’t be accomplished without connected professional lawyers with the practice of international litigation. The reason behind this is, many issues arise when dealing internationally. When you consider SpainDesk, you are free from the stressful situation because our team of international lawyers in Spain never disappoint you.

SpainDesk legal service helps to support a global business and resolve legal disputes. Our international lawyers have enough knowledge of international law and assist according to international law. We know the importance of our client’s time and money, that’s why our lawyers in Spain here serve you 24/7.

If you’re not a citizen of Spain, and you need international legal service that helps you in every matter then consider SpainDesk for best international lawyer assistance. Don’t worry about all the international court processing because we manage everything on our client behalf. International lawyers are different from ordinary lawyers because they deal internationally.

Why choose our service?

A civil lawyer is a broad-based specialist who knows the norms of civil legislation. Additionally, civil lawyers have enough knowledge related to branches of law, such as housing, family, labour, inheritance, land, and others. The need to hire a civil lawyer arises when you want legal assistance to resolve the property and non-property conflicts and disagreements.

When you consult our civil lawyers in Spain they will guide you through your rights and obligations. We effectively represent the interests of our client’s organizations and citizens in general jurisdiction court. Our legal civil law services include:

  • Preparation and drafting of a claim
  • Filing a claim in court
  • Drafting petitions and statements during the process
  • Developing a strategy and tactics for conducting a case
  • Consulting throughout the entire process

Our civil lawyers can help you with your rights and formalize your obligations without going to court. We have experience in handling complicated situations.

Why should you entrust service?

Contact professionals service of legal representation in Spain that is well known and reputation just like SpainDesk. When you hire our service, you don’t need further assistance.

The presence of many years of successful work experience allows us to make optimistic forecasts for each client. Cooperation with SpainDesk Law Firm has many advantages:

  • The high qualification category of lawyers,
  • Individual approach to clients;
  • Conducting cases of various types of complexity
  • Affordable pricing policy for the representation service in court.

Our lawyers also provide legal support for enforcement proceedings. If you want to get the SpainDesk services of a legal representation in Spain, call us. Our contact details is mentioned in our official website.

 

Our vision is to assist in all international legal matters, and our expert team of lawyers never disappoint you. You can also contact us while visiting our SpainDesk official site. Our main priority task is to provide a valuable and comfortable resolution in any disputable situation. If you want our service, call us today!

 

Real Estate Lawyer in Barcelona

BarcelonaDesk has a team of real estate lawyers that offer you a valuable service when you want to purchase real estate in Spain. Our professional real estate lawyer in Barcelona meets the client’s requirement and offers results within a couple of days.

We will offer practical and valuable solutions for any real estate issue you will run into in Spain. We can facilitate the full legal purchase of land, houses, apartmnts and other real estate in Spain. We help our clients for the full 100% and will make sure you are satisfied with our service. Our legal team communicates clearly, and knows the full extent of the legal real estate issues in Spain.

We will advise you appropriately on dealing with real estate transactions because we know that it always poses a significant economic risk for customers. BarcelonaDesk real estate lawyers will offer professional advice that will meet your requirement. We assist our client in prior matters, and we carefully prepare the appeals before authorities corresponding.

Our lawyers specialize in real estate law in Barcelona

Are you looking for a real estate lawyer in Barcelona? Consider BarcelonaDesk professional legal service. We offer preventive legal advice and simple consultation to our valuable customers. Our team of lawyers knows amicable negotiations for legal proceedings.

The best advice is to consult a lawyer who has enough knowledge of real estate law. Get professional legal service at BarcelonaDesk. If you have any question regarding the legal affairs of buildings, apartments, land, or even houses, contact us, our experts will guide you properly. Here are our leading offers to our clients:

  • Purchase contract
  • Claims for construction defects
  • Rental agreement
  • Solve problems with private purchase and sale contracts
  • Complaints about hidden defects
  • Meetings of owners
  • Approvals and disputes
  • Non-compliance and hidden defects in the contract
  • Planning permit
  • Rental agreement
  • Application for incapacity or invalidity
  • Municipal complaints
  • Horizontal Property
  • Compensation Committee
  • Exchange contracts option

At BarcelonaDesk, we put the best real estate lawyers’ service in Barcelona at your disposal and solve issues regarding the above-listed points. We know that a specialized lawyer’s advice is quite necessary in sensitive matters, as it will determine the success or failure of your case.

Get advice for any legal contracts

At BarcelonaDesk, our specialist lawyers advise you if you have doubts regarding any contract. Our real estate lawyer in Barcelona finalizes any kind of claim derives from a situation of non-compliance with a contract. We offer the following legal contracts:

  • Purchases and sales contract
  • Preliminary contract
  • Public and private contract
  • Removals contract
  • Non-performance contracts
  • The real estate loan contract
  • Cancellation and kindness of contract
  • Contract resolutions
  • Exchange of contracts
  • Disposals contract

BarcelonaDesk, real estate services that will help you

When you intend to carry out the sale and purchase of property, contact the team of real estate lawyers at BarcelonaDesk in, and we will give a good piece of advice throughout the process. We advise our clients with proper fluctuation; also, we guide our clients through all the traditional ways to get the effective recommendation of your case.

Get in touch with our real estate lawyers team to receive legal advice related to real estate law. Our attorneys will defend your interests, whether individually or personally. If you doubt that the owner may intend or infringe his contract, contact us.

Face difficulties in real estate legal matter?

A difficult situation can occur at any time, and you might need the guidance of a real estate lawyer. In case you are stuck with a real estate problem, immediately contact our team and get proper guidance on the spot. We deal with your problem related to

  • Communities
  • Real estate registration
  • Buildings
  • Housing contracts
  • Leases
  • Real estate harassment
  • Mortgages

Get professional advice, we ensure that you never face any difficulties in the legal matter because we handle everything on your behalf. If you have any questions or want to make a query, contact us and our team of real estate lawyers is available to assist you.

Car Accident Lawyer in Spain

SpainDesk has a certified car accident lawyers team who will achieve positive results when the traffic police authorities or the court file cases of recovering funds. Our experienced lawyer will protect your interests at any stage of legal proceedings. A car accident lawyer in Spain is available to help you in case:

  1. The perpetrator of the car accident,
  2. Abandoning the accident scene,
  3. Driving under the influence of alcohol
  4. Refusing a medical examination
  5. Other disputes and offenses

We understand that a road accident is quite a stressful situation, in which the proceeding is based on litigation with an insurance company and going to the court. When you consider SpainDesk, you’re free from the stressful situation because our experienced lawyers will handle all the matter on your behalf.

When Do You Need to Hire a Car Accident Lawyer in Spain?

SpainDesk offers 24/7 legal support to their customers. Our car accident lawyer will immediately respond to the client’s request and arrive on the spot to defend you. In case of urgent need, we recommend calling us, so our specialist guides you properly. Our primary aim is to protect the rights of the clients at all proceedings. You can find away from the most difficult situation when you get our professional lawyers to support.

Our car accident lawyer in Spain will analyze the situation; after that, suggest the optimal action plan through legal assistance after a car accident. How can SpainDesk lawyers help you?

  • Prevent illegal actions: it is better to seek legal advice immediately after an accident and then call traffic police representatives. After arriving at the accident place, our car accident lawyers will assess all the case details and inform our clients regarding their legal rights.
  • Timely legal advice: we understand that this situation is stressful; in this manner, we give legal advice on time, so our clients will save from hassle.
  • Get the best assistance: Our team will survey the whole situation and evaluate the incident’s proper diagram. However, our lawyer measures the situation and excludes the falsification results.

Our Offer Extensive Car Accident Lawyer Service

  • We prepare documents for an insurance company.
  • We are defendants in the road accident and representation in court.
  • We assist in obtaining insurance compensation.
  • We develop a unique protection strategy for each client,
  • We defend the client’s rights to bring administrative and criminal liability;
  • We give proper consultations and support to our clients.

Consider SpainDesk Car accident lawyer in Spain

At SpainDesk, you will connect with the best team of a car accident lawyer who speaks English fluently. We ensure a positive outcome of the case at a minimal cost. We provide legal support to our clients immediately after an accident.

SpainDesk legal service always tries to settle disputes and conflicts of court through fast and cheap ways. Our main aim is to save our clients from attending court hearings and litigations, whereas all the processes conduct through the proxy technique. We give a guarantee to our clients and confidently preserve the attorney secrecy. We know your situation and create a role as a defendant that remove your problems.

How the case cost is calculated?

It is difficult to evaluate the exact cost of the overall car accident case. Still, when you hire SpainDesk legal assistance, we will settle the road conflicts and provide the exact cost after our client’s first meeting.Righteously, every case is individually different from others based on the facts. By keeping the requirement in mind, we have planned a list of our service, for instance:

  • The complexity of the case
  • The severity of the traffic accident

Our expert car accident lawyer’s involvement in the road disputes resolution will minimize your financial losses and preserve freedom, if necessary.

Our car accident lawyers in Spain also resolve insurance companies’ disputes, which often use all legal means and secure our clients to pay further. We develop a unique protection strategy for each client because we have an in-depth knowledge of the legislation nuances. Our professional team constantly focuses on judicial practice to win all the difficult cases. Hire us, if you need the best legal service.

English speaking lawyers in Spain

At SpainDesk, you will get the guidance of English speaking lawyers in Spain that can solve all your legal matters within a short time. Our firm has a team of professional lawyers that is fully experienced and well-organized. We know how to deal with our client’s legal matter; if a client wants to invest in Spain, we are here to serve them.

Our English speaking lawyers team has specialized in business law that gives support to clients in all their procedures. SpainDesk is a new law firm that just opened in Spain that has a team of qualified lawyers in Spain. Our professional lawyers have a proper knowledge of business law that enables them to assist expats living in Spain and the rest of Spain.

SpainDesk English speaking lawyers in Spain team presents a reliable way toward the international market.

Hire SpainDesk: your english speaking lawyer in Spain

Are you looking for an English speaking lawyer in Spain? In much legal matters, you need to consult a lawyer to sign the deed of sale, property purchase, immigration, business consultant or any other legal matter. Our team of lawyers specialize in real estate, fiscal & accounting or legal procedure and speak fluent English.

Our law firm has the necessary skills to guide clients in different areas, whether business or commercial and maritime transport law. For instance, to invest in Spain, let them to us – our team takes care of all the administrative procedures.

SpainDeskEnglish speaking lawyers have years of experience in business law that allows them to fight with administrations and various jurisdictions.

We offer personalized legal support to our clients:

When you recently shift in a city, and you feel difficulties because you don’t speak the local language, it seems daunting to seek legal help. You might find the best solution, in this regard consulting English speaking lawyers Spain is like your trusted advisor, who can explain local laws and procedures on your behalf. SpainDesk aims to help our clients through all possible services.

Our team of lawyers offers personalized support to expatriates and remains at their disposal to find the most suitable solution for our client’s problem. Within this firm, there is no intermediary; clients deal directly with lawyers.

Before starting a procedure, our English speaking lawyers in Spain always stand with the client and together they work on the future steps. The customer is always warned upstream to achieve effective teamwork, whatever the field.

Our primary aim is to make all the proper and necessary legal steps easy for our clients. You will benefit from our contacts in Spain to facilitate the necessary procedures; only you have to carry official documents.

Our professional lawyer’s team speaks fluently in the English language. If you like more legal information or if you have any questions about our legal services, please don’t feel shy to contact us directly. We want to be your English speaking lawyers in Spain that is fulfil all your legal requirements.

SpainDesk Law Firm:

In the field of international law, our lawyers are specialized in foreign investments. Our law firm is made up of legal experts trained to provide high-quality services to our clients. All members of our law firm in Spain, ​have an excellent career and extensive experience in international law for residents in Spain.

We have a mix-up of a law team, but our English speaking lawyers in Spain team deal with all the overseas clients. We also cooperate with lawyers of other countries, and this allows us to offer our clients comprehensive services in the entire field of international law. Our lawyer’s team are specialized in:

  1. Civil right
  2. Trade Law
  3. Labor law
  4. Corporate law
  5. Private International Law
  6. Economic criminal law

Don’t feel hesitation in consulting us; we offer 24/7 guideline service so that you can contact us at any time. Our law firm is famous in Spain, and we handle all legal cases. By visiting SpainDesk web page, you can book your appointment as soon as possible.

Once you consult us, we handle all the legal matters on your behalf. If you want to hire a lawyer, then Contact SpainDesk and request a free online quote.

 

Criminal Lawyer in Spain: Discover Our Services

In search of a criminal lawyer in Spain? Legal services in criminal cases are the most difficult areas in the field of jurisprudence that doesn’t tolerate any experiments. The solution should be approached confidently, promptly and competently.

Sometimes, an innocent person may end up in the dock because of an investigator’s mistake or false accusation – when the evidence found at the crime scene represents that a person has absolutely nothing to do with this offence.

Only an experienced criminal lawyer can prove your innocence in the case. At SpainDesk, you may find experienced criminal lawyers that relatively can you support through difficult situation. We know this situation is quite stressful, that’s why we try to immediately provide our service.

When do you need a criminal lawyer?

There can be many reasons why you need a criminal lawyer. You can consult with us when:

  1. A criminal case initiated against you or your loved ones;
  2. There are threats of extortion in your address;
  3. Your relative or acquaintance is detained by law enforcement
  4. You don’t know what to do and how to defend your rights when communicating with representatives of law enforcement agencies;
  5. You are threatened and frightened by filing a crime report against you;
  6. The police officers are abusing their powers, misleading you, and you urgently need a criminal defence lawyer.

Why choose our legal service

SpainDesk offers legal service in Spain; professionals that know how to defend their client in the worst situation and save them from punishment. Our professional lawyers first collect evidence; after that, conduct the required examinations, and find witnesses. Our criminal lawyer will:

  • Monitor compliance with the law during these procedures;
  • Present at the client’s interrogations and investigative actions;
  • Ensure the anonymity of the client.

A criminal lawyer in Spain will take care of the seizure of irrelevant evidence that may harm the client. Only an expert lawyer plans a correct strategy of behaviour in court to prove the innocence of the client and minimize the consequences for him.

The criminal lawyers that work with SpainDesk will draw up the necessary complaints, appeals, file and obtain the appointment of additional examinations.

Effective support

SpainDeskhas a team of criminal lawyers in Spain who are ready to take up the most difficult cases. We provide effective support at each stage of criminal proceedings. We also provide different advantages to our clients when a person chooses SpainDesk for getting help or advice. Keep in mind, in our working process we do not use any templates.

We believe that every case is unique, and the assistance of a criminal lawyer is carried out through a carefully planned strategy.

What legal services do we offer?

SpainDesk offers the best service of criminal lawyer in Spain, through following these steps:

  • Brief consultation on the phone.
  • Make an appointment in the office with a specialized criminal lawyer.
  • Study the case file and give a recommendation.
  • Conclusion of an agreement
  • Study the criminal case material at the time of handling the case
  • Recommendations on the case future and building a defence position
  • Draw up the necessary motions in the case.
  • Constant notification of the principal about the progress of the case
  • Visit the accused at the place of his detention.
  • Participation in all investigative actions or court hearings