Tag: Spanish law

  • A Swiss story (or how a Swiss Will and testament ended up applying to a Spanish estate)

    A Swiss story (or how a Swiss Will and testament ended up applying to a Spanish estate)

    Being a dual qualified Spanish Lawyer and English Solicitor who is used to deal with the administration of Spanish estates of British citizens, the norm for me is to to deal with either Spanish Wills or English Wills. However, I have been recently instructed by the beneficiaries of a Spanish estate where there is an…

  • Uncle Jimmy has died: A practical case on intestacy rules on a Spanish estate

    Uncle Jimmy has died: A practical case on intestacy rules on a Spanish estate

    There is no better way to learn and update our knowledge than with life itself. Very often, a lawyer´s knowledge updates as new cases get through the door of the office. This is what happened with uncle Jimmy´s case. Obviously, this is not his real name but it is a name that could perfectly apply…

  • Under-declaration of the sale price of a Spanish property

    Under-declaration of the sale price of a Spanish property

    Believe it or not, I still come across property transactions where one of the parties, usually the seller, asks for part of the sale price to be paid in cash or, even worse, paid with a bank transfer but not shown on the deeds. The first one is flagrantly illegal but the second is simply…

  • SUBJECT TO MORTGAGE OR NOT SUBJECT TO MORTGAGE : THAT IS THE QUESTION

    SUBJECT TO MORTGAGE OR NOT SUBJECT TO MORTGAGE : THAT IS THE QUESTION

    I have to confess—sometimes estate agents drive me crazy, especially here in my hometown of Barcelona. Don’t get me wrong; there are plenty of reliable and professional agents. But lately, probably due to the rising property prices in the city, I’ve noticed a recurring practice that really frustrates me. I’m talking about the buyer’s right…

  • 3rd Edition of Spanish Festival

    FESTEJAR 2016               From left to right: Virginia Moreno, Claudia Font, Jesus Torre, Mariluz Simal, Antonio Guillén and Angel Miguelez. The Spanish Desk from Gunnercooke attended last night the opening of the FESTEJAR festival in Manchester. It is the third edition of a Spanish festival in which, for four…

  • Gunnercooke’s Spanish desk grows with another Spanish lawyer

              I am glad to inform that Claudia Font has joined our law firm Gunnercooke LLP to form part of the Spanish desk. Claudia is qualified in Spanish law and is registered to practice in both Spain and England. She is originally from Barcelona and will be based in the North…

  • I am an Executor on a Spanish estate. Do I still need an N.I.E.?

    The answer is simple: Yes. Any person appearing in a Will that is going to be used for the administration of a Spanish estate, whether this is an English or a Spanish Will, requires a N.I.E. number. Obviously, this applies to those who inherit the asset but also to those who are not beneficiaries under…

  • Ok, a dación en pago has been approved. Now what?

                If you own a property  in Spain but you are no longer able to pay its monthly mortgage instalments, one of the possibilities contained in the Spanish legal system is the dación en pago which is the procedure to enable consumers to surrender their properties back to the bank…

  • DEATH, BANK STATEMENTS AND TAXES IN SPAIN

    When the Spanish estate is not only made of properties            When inheriting assets in Spain, the first thing that comes to mind is property but the truth is that assets also involve bank accounts, shares and other type of properties such as a car or even a boat. We have…

  • First use license and habitation certificate. Tomatoe, tomato. Are they the same thing?

                  There are two documents which are essential before moving into a house in Spain. They are called first use license (“licencia de primera ocupación”) and habitation certificate (“cédula de habitabilidad”). These two documents sometimes have their own validity and in other occasions complement each other. It is difficult…