Archive for the ‘Uncategorized’ Category
Thursday, August 19th, 2010
Many of you may have viewed a recent high profile BBC television programme, Panorama. This highlighted concerns about the levels of professionalism and regulation of will writing and probate services under English law, with (amongst other problems) instances of cheap Wills that were being offered with escalating hidden costs.
This current state of affairs has pointed out that it is equally (possibly even more) important, that you make the same enquiries of your Spanish legal adviser, as you would make of professional advisers in your own country. This is expressly why we work with individuals who have a professional background (see “Our Team“). This experience together with suitable qualifications, are matters which have always been extremely important to us at Legal4Spain.
The professional body to which we are accountable in the UK, is The Society of Will Writers and Estate Planning Practitioners (www.willwriters.com). Also, the Spanish lawyers handling our Spanish legal cases are fully qualified and highly experienced in Spanish legal matters- accountable to; regulated by; and professionally insured through their own professional body in Spain. In addition, every single Spanish legal document we provide for execution in Spain is specifically approved by an authorising Notary- and in the case of Wills, also accepted by the Central Wills Registry in Madrid. As such, the level of accountability and professional protection afforded to our clients is second to none.
It is essential, if you are not a Spanish national but have assets in Spain, that
the legal advice you receive is from legal professionals who are appropriately qualified and experienced in Spain. Equally important, your Spanish legal professionals must also have the necessary qualification and experience of such matters in your country of origin. Otherwise, it is impossible for you to be confident that your legal position and responsibilities in Spain are correctly ‘dovetailed’ with your legal position and responsibilities in your country of origin. Getting it wrong by not having proper professional advice, could end up being very costly for you and your family. Do not overlook the fact that before confirming instructions in any Spanish legal matter, you should be certain that you are completely clear about all applicable charges and costs; and further, you need to ensure that any client monies will be securely held on your behalf, in a designated client account.
At Legal4Spain, we are more than happy to give our clients the comfort they need on all these matters, as we are dedicated professionals, committed to 100% client satisfaction.
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Thursday, May 20th, 2010
It is customary in English Wills to include wishes as to plans for funerals.
There isn’t the same custom in Spanish Wills. Instead, arrangements are fairly standardized. Cremation is the usual method; and this usually takes place extremely quickly- between 24 and 48 hours from the time of death. If someone should include funeral wishes in their Will, this is of limited use, as not only are such provisions non-legally binding; but in many cases, the Will isn’t even looked at until quite some time after the funeral has actually taken place.
There is no doubt that arrangements move quickly for those who pass away in Spain. On top of this, the comparatively high costs of the process in Spain can also come as quite a shock. For this reason, we recommend that those spending significant periods in Spain give consideration to wishes regarding funeral arrangements. Furthermore, that these wishes are embodied in a formal pre-paid plan with a reputable provider. At Legal4Spain, we are able to make recommendations and manage the process of formalizing a funeral plan for you, based on identifying the best service available for your specific needs.
For some, this is a difficult subject to think about, but it can be a huge relief to have it dealt with, and ‘out of the way’. Once you assume the responsibility for leaving a situation of certainty, and without financial worry, this can make a big difference for the family and loved ones who are left behind.
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Wednesday, April 21st, 2010
Not in its existing format. But …
There is a specific format for this type of document which is acceptable in Spain, which extends a standard Power of Attorney to the closest available equivalent to a UK Lasting Power of Attorney. At Legal4 Spain, we are able to provide this form of Power of Attorney for signature both within Spain and outside Spain.
There are various legal and procedural differences between Spain and other countries in relation to Powers of Attorney. Therefore, at Legal4Spain, our advice is that the only way to avoid problems, delays and additional costs, is for an individual Power of Attorney to be made in relation to Spanish assets, in a form which is immediately acceptable and admissible by the Spanish Authorities. This can be an extremely useful and valuable facility for anyone who owns property in Spain, to cover the eventuality that they are unable to deal with their affairs in Spain at any future time, due to either physical or mental incapacity.
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Wednesday, February 10th, 2010
Many would say that this is impossible. HOWEVER that is not entirely correct.
It is the case that Spanish law does not directly recognise the UK / US form of trusteeship. HOWEVER, it is a well established feature of Spanish estate planning that life interests can be created (also in Wills) to assist in tax planning and mitigating tax exposure. Also, there are some very specific structures which can be created to include Spanish properties in either quasi- trust or full trust arrangements. This is a fairly advanced area of estate planning, and would not ordinarily be viable in relation to ‘routine’ situations of Spanish property ownership.
At Legal4 Spain, it is essential that clients are advised on their specific situation. We look at each client case on its individual merits and propose the documentation or structure which we feel best fits the objectives of the individual client, in the most cost effective way.
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Thursday, December 17th, 2009
At Legal4spain, we have facilities for making valid Wills of Spanish assets for as long as the signatory has the necessary mental capacity, irrespective of physical state of health and location. Clearly, it is always best to plan ahead. However, in some cases we are approached by clients facing terminal illness, who quickly wish to put their affairs in order. It is a great relief and comfort to them and to their families, under these difficult circumstances, to ensure that their wishes in respect of their beloved Spanish properties will be carried out. Also, there are opportunities in many cases to structure arrangements, so as legally and legitimately to minimize the family’s Spanish Succession Tax liability.
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Tuesday, November 3rd, 2009
Yes.
For English Wills, unless there is a specific provision in the Will anticipating the marriage in question
Yes (usually).
For Spanish Wills (in relation to non-Spanish testators).
In both cases, as this is such an important issue, to avoid any uncertainty, Legal4spain recommends always on remarriage, to seek advice on all Will documentation and we will be happy to assist with this.
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Monday, October 5th, 2009
No.
Legal4spain has agreed form documentation with all 3 Spanish Consulate offices in the UK (and also the Spanish Consulate offices in various other countries) for initiating the legal procedures, thereby avoiding the requirement for beneficiaries to come to Spain. Even for those who are unable to attend a Spanish Consulate office, we have alternative procedures in place with Public Notaries throughout the UK to achieve the same objective.
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Monday, September 14th, 2009
Spanish Tax law can indeed lead to very unfortunate (fiscal) consequences in the context of inheritance by same sex partners- particularly if the relationship is not “recognised” with civil status. (It has to be said, an 80% marginal rate is not impossible, but it is virtually the worst case scenario). In any event, Spanish estate planning in the context of same sex relationships is a very complex and specialised area of practice, especially without the correct advice. At Legal4spain we are able to provide the best (and most tax efficient) solutions.
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Thursday, June 18th, 2009
No!
Unless there are other reasons for wishing to make a new Will- (eg. change of beneficiaries). However, we always recommend in these cases for old (expired) English passports to be retained with your personal papers for easy evidential purposes in probate. Also, in all new Spanish Wills we provide, we include N.I.E. details (if available) for the beneficiary, as this form of identification does not change.
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Thursday, May 7th, 2009
No
In the vast majority of cases, English nationals are not subject to the Spanish law of succession (which does require parents to leave specified proportions of their estates to their children). This is something which we carefully consider in each case (it needs Spanish and English legal input to advise properly, which we provide as part of our service.
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