Legal Services

 

a) Wills and inheritance

  • 1) Preparing and modifying your Spanish will.
  • 2) Payment of inheritance taxes and everything that is involved in inheriting property or money in Spain.
  • 3) Writing a Living will. ‘Declaración de Voluntad Vital Anticipada.’
  • 4) Donation of your organs or/and leaving your body to science

b) Power of Attorney
c) Rental and purchase contracts
d) Purchasing land for building
e) Alteration of land size on deeds and Legalization of Buildings
f) Translation in court
g) Help in the notary office
h) Pension “Certificate of Existence”
i) New Laws

WILLS/HERITANCE

1) Preparing your Spanish will
If you own property or assets in Spain, you should have a Spanish will as it is an expensive and slow process to get a foreign will recognised in Spain (it takes time and additional expense – the services of a lawyer with expertise in international probate issues is required).
Obtaining a Spanish will is relatively simple and inexpensive, and avoids lots of future problems. We will provide you with a questionnaire in English to fill in, this will then be translated into Spanish for the Notary, and then we will take you to her office to sign. In doing so, you will safeguard your assets for your family and friends and avoid the intervention of the Spanish state.
It is important ensure that your English will does not revoke your Spanish one (which it could do according to English law,) by signing the Spanish will after the English one, or by stating in your English will that your Spanish assets are covered by your Spanish will.

2) Inheritances
We can help you with the paperwork for an inheritance in Spain, whether there was a will made or not, and whether the person died in Spain or abroad. You will be supported throughout the whole process in order to inherit Spanish assets, and will be advised as to how much tax to pay and what the individual costs are.

3) Writing a Living Will. ‘Declaración de Voluntad Vital Anticipada’
If you think your health will affect your ability to make decisions in the future, you can make an advance decisions about medical treatment. This can detail treatments and interventions that you would like to refuse, including one saying you don’t want treatment to keep you alive under certain circumstances.
Come into the office and find out about making a living will.
In order for a living will to be valid you must comply with the following details:
• are 18 or over and had capacity when you made it
• have set out exactly which treatments you don’t want in future (if you don’t want life-saving treatment, your decision must be signed and witnessed)
• have explained the circumstances under which you would want to refuse this treatment
• have made the advance decision without any harassment by, or under the influence of, anyone else
We can help you fill in the forms and ensure that your wishes are registered correctly.

4) Donation of your organs or/and leaving your body to science.
We have donation forms that we can help you fill out and send off so that you can receive a donation card which specifies which organs you wish to donate. This card you can carry about with you at all times. You need to be less than 65 years old to donate your organs, and be in good health.
We also can help you fill in the necessary forms if you wish to leave your body to science. This is the last generous gesture to humanity that you can make. It also signifies that your remains are taken care of at no cost for the family and friends you leave behind.

b) Power of Attorney
You may have just decided to buy a property and then realise that you cannot make the signing in front of the Notary, or you might need someone to pay your taxes and wind up your affairs once you have sold your property.
In either case, you can leave a power of attorney to someone you know, or alternatively, to us at Alpujarra Conect. We offer a trustworthy service whereby you can sign a power of attorney so that we can act on your behalf when you are not in Spain.
We can organise this through the Notary here in Órgiva. It is generally possible to get this signed either on the same day or within the week. We hold power of attorneys for a number of our clients who have found it an easy solution to the organisation of their affairs. The power can be easily revoked once all the work has been done.
Please come into the office or email us for more information

c). Rental and purchase contracts
A Contrato de Arrendamiento in Spanish refers to the contract you sign for a rented property in Spain. In Alpujarra Conect our lawyer can write up a contract for you, or check a document that you are thinking of signing.
The first stage in buying a property is usually the signing of a contract (contrato). This provides security for you and the vendor.
Luis Milán, our lawyer, can draw up a contract which is tailor- made to your requirements. Once both parties have approved the contract we can sign it here together in our offices in Órgiva.
There are two main types of purchase contract. A standard purchase contract is known as a private purchase contract (contrato privado de compraventa), which is binding on both parties and involves the payment of a deposit. This is usually 10% of the agreed price. It’s also possible to sign a reservation contract (documento de reserva), where you pay a small ‘goodwill deposit’, e.g. 1,000€ to 5,000€, which usually secures a property for a period, e.g. 15 days, before you sign the main purchase contract.
All Contracts can be written in Spanish and English.

d) Purchasing land for building
Before buying land in this area, talk to us, so that you can be informed as to what may be possible to construct in that specific area.
Our architect, Paco Carmona, can provide you with a report on what possibilities exist and what the local authorities will grant building permission for.
There are areas in and around Órgiva designated for building and urbanisation, but other areas which are protected, such as the Sierra Nevada National Park, and are very carefully monitored.
If you, therefore, need a helping hand to guide you through legalising your property or if you have any other questions about planning, come in and see us or phone us at Alpujarra Conect. And, if the situation is complicated, then Paco Carmona, our architect, can provide you with the most up to date information for your particular case.

e) Alteration of land/building sizes on deeds and Legalization of Buildings
In the Alpujarra region it is very common that the land size on your deeds and the land size on the ‘catastro’ do not match up. In the past this was deliberately done to avoid paying taxes. Today, however, it is important to have them all correct. Legalising existing buildings depends on where the land and buildings are, how old they are and, in most cases, how much land belongs to the “finca” (farm).
If you need a helping hand to guide you through the legalisation of your property or if you have any other questions about planning come in and see us or phone us at Alpujarra Conect. And if the situation is complicated, then Paco Carmona, our architect, can provide you with the most up to date information for your particular case.

f) Translation in court
We can help you in any situation where it is important to understand and be understood. Nothing is more the case when you in a court room situation.

g) Help in the notary office
We offer a complete service for clients at the Spanish Notary office.

h) Pension “Certificate of Existence”
This is a document to confirm that a pension scheme member is still alive.
You may receive these from time to time from your Private pension’s providers and the UK State Pension authority to confirm that you are indeed still alive. Please contact our Solicitor if you require such a document certifying that you are still living.

i) New Laws

Smoking
2011, Spain’s smoking ban came into force making it illegal to smoke in indoor public places i.e. bars, restaurants, airports, shopping centres etc. Smoking is also illegal outside hospitals, schools and children’s play parks.
Fines for breaking these laws range from €30 to €600 and are being strictly enforced. There are also strict controls on drinking and sexual activity in public places, including beaches, where regulations have increased significantly. Fines range from €30-€1,500.

 

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