Legal

A will is one of the most common legal needs, but less than 25% of Europeans have one

As you may know a will is not exclusively about making sure that the right people will inherit without disagreement or problems. It is a formal declaration of intention made by a person in their life-time of their wishes concerning the disposal of their property after their death. We understand the need to preserve and protect your assets and those of your family. If you have are purchasing or already have a property in Spain, we strongly recommend you to make a Spanish will in order to facilitate the distribution of your Spanish assets.

This is particulary helpful for non-Spanish inheritors as a the existence of a Spanish will helps to simplify matters throughout the Spanish inheritance process.

In the Spanish legal system, there are rules governing the distribution of property after death. There are two different types of successions:

  1. Testate Succession, which arises when the deceased person has expressed his wishes in the form of a will.
  2. Intestate Succession, which arises when a person dies without a will. In this case, the statutory law would govern the distribution of the intestate`s estate, on the assumption that people who die intestate would have wished to make provision for their legal beneficiaries. So if these important decisions regarding heirs are not made before death, then any assets will be distributed according to the Spanish law, which could be contrary to the intestate’s wishes.

In Spain, the signing of wills must be made by the testator in the presence of a Public Notary who will keep the original document in his files until the day of death, and will register it in the Spanish Central Registry of wills which is situated in Madrid.

If you have already made a will in Spain, please note that your financial and family circumstances can change and therefore your will should be reviewed and updated.

If you decide to contact us, we can:

  1. Advise and guide you in preparing or revising your Spanish will. You can make several wills but it is only the last signed will that is valid.
  2. Give advice on Inheritance Tax, and explain the whole procedure for the distribution of the estate after death.
  3. Assist you at the Notary Office when you sign your Spanish will.
  4. Help you to receive and register in your name, any Spanish inheritance where a relative of yours has died with or without a will.
  5. Advise you on Inheritance Tax planning and if necessary on the creation and administration of Trusts.

Our standard fees for helping you to prepare and sign a Spanish will are 250 Euros for one Will (21 % VAT and notary fees included) and 300 Euros for two Wills (21 % VAT and notary fees included).

Our legal fees for assisting you to receive an inheritance from a deceased relative will depend on the circumstances and cannot be fixed in advance. Fees and costs vary depending on the work to be carried out and the value of the inheritance. Please do not hesitate to discuss with us us your particular case, and we will be pleased to give you an estimate of how much our work will cost, together with inheritance tax and other costs to be paid.

For further information on wills and estates matters, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to prepare a will or solve your inheritance legal issues.

A full co-ordinated advisory service in the legal, financial, tax and accounting fields

Taking a cross-border initiative such as setting up a business on your own in Spain can be a daunting task for those who are not Spanish and do not speak Spanish. Having the right help and information can often make all the difference. Marbella Solicitors can steer you through the maze of Spanish Laws and regulations, give you access to the right people and help you avoid misunderstandings. Such guidance is an essential requirement for doing business in Spain.

Whether you are a small business or a large investor contact us talk to us about your ideas.

We will give free legal and tax information on how to start-up in business, typical initial costs, legal considerations, and useful addresses, and we can assist putting your ideas into action.

We can also help existing companies with market strategies, tax issues and legal requisites. The growing link between law and tax makes it impossible for the expert to produce an efficient diagnosis and give advice without taking into account the implications of both areas.

To help your business become firmly established in Spain we will provide all the necessary legal advice, information, guidance and the highest level of attention and service from the first moment you contact us. We understand that the early stages of trading can be some of the hardest and that businesses do not become successful overnight. We will offer assistance in these difficult times. You will not be on your own. That is why a visit to your place of business, without charge, is one of the first things we do.

When you contact us you have access to a vast range of services available through our network of contacts.

Our service covers most aspects of running a business:

  • Legal considerations.
  • Finding premises.
  • Employing staff.
  • Tax & financial advice.
  • Translation of legal and other documents.
  • Health & safety regulations.
  • Buying a shop.
  • Site acquisition and development.
  • Commercial & residential development projects.
  • Town and country planning.
  • Leases of all types of business property.
  • Advice on purchase or sale of a business.
  • Transfer and renewals of licenses or obtaining new ones.
  • Renting a business property.
  • Local authority regulation of businesses (local licenses).
  • Accountancy advice.
  • Choosing and using an accountant.
  • Buying, selling and financing companies & business.
  • Commercial & trading agreements of all kind.

Full secretarial management service for companies:

  • Company formation.
  • Maintenance of statutory records.
  • Annual returns.
  • Provision of directors, secretaries and registered office address.
  • Changes of directors and offices.
  • General, legal and financial advice to companies and their directors.
  • Off-shore company structures
  • Book-keeping, accounting, internal audit and reporting services.

For further information on our business services, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case, listen to your ideas and help you put them into action.

Well drafted terms and conditions will help you avoid disputes and save considerable time and money

There is a Golden Rule in all countries: Do not sign any document (public or private) or agreement without consulting a solicitor.

It is vital that an experienced professional studies the terms and conditions of any agreements which have to be signed. Not following this Golden Rule can create many future problems and cost a lot of money, so before signing any document or agreement please contact a professional.

We have wide experience in preparing contracts:

  • Private, commercial and trading agreements of all kinds.
  • Rental contracts.
  • Construction contracts.
  • Purchase contracts.
  • Loans & mortgages.

We can review, prepare, and negotiate any kind of contract or agreement on behalf of our clients. Our fees for doing this are reasonable. A figure cannot be given in advance because our fees can vary, depending on the complexity and type of the document, but an estimate can be provided within 24 hours.
For further information or if you require any assistance regarding the above, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to sign a trouble free agreement.

You can count on our support

Whether you are a Spanish resident, or not, if you have a serious problem or dispute you can count on our support. Whether you are plaintiff or defendant we are here to help. We will meet and discuss the most appropriate way to deal with your issues. After studying the matter we will advise how to resolve it through negotiation or arbitration.

When necessary, we will help you through the difficult process of taking the matter to Court. But as we understand that this can be a lengthy business, before launching into litigation we will talk to you about finding ways of settling your dispute, which meet with your approval.

We can offer specialist services in matters involving litigation, arbitration and court procedures in civil, criminal, labour and administrative jurisdictions. If necessary, we will use all our expertise and experience in taking your case before the lower and higher Courts and Tribunals to protect your interests.

Our Law Firm provides extensive litigation services in different matters ranging from major commercial disputes to small debt collection cases. Our experience extends from contractual claims to advising on property disputes, but we are specialists in:

  • Real Estate property claims against developers.
  • Community of Owners Law and disputes.
  • Accidents & personal injury litigation.
  • Negligence claims.
  • Car accidents & insurance claims.

If you have suffered an injury caused by a third party in Spain you will not have to deal with it alone. We can pursue a claim for compensation and will negotiate on your behalf and take the matter to court if necessary.

  • Insolvency, asset/debt recovery &collection.

If a business fails which owes you money, we can act in Spain to make sure that your interests are protected. We will advise on all legal aspects of insolvency and asset recovery including possible voluntary arrangements. We will endeavour to find your debtors or their assets in Spain and will take them to Court if necessary.

  • Breach of all types of contracts.
  • Consumer disputes.
  • Compulsory purchase and compensation.
  • Employment contracts and redundancy rights.
  • Family Law.
  • Emergency injunctive works in areas such as contract and employment (Injunctions).
  • Rental & Tenancy disputes.

If you need swift and effective action to stop something happening which could damage your interests (your rights are being infringed, assets being sold off, etc.), we can advise you on the best route to follow and, if necessary, seek injunctions in the appropriate courts. For further information on our litigation service or any other court matter, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to solve your problems.

Employment laws are complex and changeable in all countries.

With the change of these laws, it is becoming increasingly important to take advice during the preparation of contracts.

If you are going to work or are already working in Spain we can guide you regarding contracts of employment, redundancy rights and obligations. We will explain how Spanish Employment Laws affect you, your rights and the necessary requirements (work and residence permits) to work legally in Spain.

Whether your are an employer or an employee we will protect your interests taking your case to Industrial Tribunals, if necessary.

For further information or any enquiry, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to solve your employment problems or queries.

The right advice is vital to get your residence permit.

Spanish Authorities have adopted a restrictive policy regarding the issuance of work and residence permits for foreign nationals and strictly enforce work permit requirements to encourage the hiring of Spaniards rather than foreign nationals.

The authorities endeavour to issue work permits only to foreign nationals who have special characteristics or who fall into one of the preference categories established by Law (national of a Latin American country, descended from Spanish parents, etc.). This is more important if the applicant is not a citizen of the European Union (EU).

Residence Permit (Permiso de residencia).

A foreign national who wishes live in Spain but does not want to work must apply for and obtain a valid residence permit.

There are 3 types of residence permits: Initial (one year), Ordinary (3 years) and Permanent. The application for a residence card must be presented to the Police authorities and the total procedure can be completed in two months.

Resident & Work permit (Permiso de trabajo).

For a person who also wishes to work in Spain, the Work and Residence permits are issued on approval of the application by both the Spanish labour and police authorities. Therefore, the denial of one permit means the denial of the other.

A work permit is not required for European Union (EU) nationals and, therefore, EU nationals can work in Spain without a work permit and while their residence cards are being processed.

Nationals of countries that do not belong to the European Union (EU) who wish to work and reside in Spain must apply for work permits and they cannot work while their working permits are being processed.

Applying for a work permit in Spain is a lengthy process. In total, the procedure may take up to ten months. The applicant’s employer must file an Application for Work and Residence Permit with the Dirección General de Trabajo y Seguridad Social (Labour authorities). If the applicant does not have a legal residence in Spain, the initial application for a work permit must be made at the Spanish consulate in the country where the applicant lives.

If the applicant is already in Spain as a non-working legal resident, the initial application may be made directly to the Spanish labour Authorities.

The same regulations apply to self employed foreign nationals as for those applying to work for a specific Spanish company.

For further information, or if you require any assistance with this, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to obtain your Spanish residence and work permit.

You are able to take full advantage of all our knowledge and expertise.

We understand that foreigners or non-residents can have many linguistic and cultural problems in dealing with Spanish Authorities and other bodies. Steps to obtain documents such as Residence Permits, NIE number (fiscal Identification number), drivers’ license, etc. are normally not complicated but the process can be difficult if the right guidance and advice is not requested.

We have considerable experience in obtaining all kinds of documents for foreigners and non-residents, and can also arrange for the notarisation, legalising, apostilling of documents. We can help you to save time and avoid problems obtaining permits and documents on your behalf or advise you of the precise steps you have to follow to request them yourself.

NIE Number (Fiscal Identification number for foreigners).

If you are not Spanish you cannot get a DNI, (the document all Spaniards carry for identification, and which shows their tax number)., Although anyone from the EU can enter Spain without a tax number if you intend to buy property, buy a car, take out insurance, pay taxes, or carry out any other financial transactions in Spain you will need a tax number. Both husband and wife, or partners wishing to conduct joint transactions will each need their own personal tax number. This is issued on an official Certificate showing your personal number and is called “NIE number”. It can be applied for and be obtained from the National Police Station in your local area.

We can help and have helped many of our clients to obtain their NIE at the outset of transactions. So if you are considering a transaction in Spain please tell us. The process from application usually takes about 3-4 weeks to conclude after which you will be legally able to conduct your business needs in Spain.

Car registration, drivers’ licenses, translations and apostilling of documents, containers, (contracting an insurance), etc.

Obtaining these documents in Spain can sometimes be very complicated for those who do not speak Spanish and have to deal with different Spanish authorities: Customs, Inland Revenue, Traffic Authorities, Patronato Offices, Local Town Halls, Regional Governments, Social Security Authorities, Police offices, etc.

Why deal with these complicated matters alone when our Law Firm can do it for you?

With a proxy or limited power of attorney we can arrange all the necessary paperwork on your behalf so you save time and money.

For further information, or if you require any assistance on these matters or any legal, administrative or tax paperwork’s in Spain, please do not hesitate to contact us. We will be pleased to study your particular case and help you with all the Spanish paperwork.

The purchase or sale of shares must be completed before a Public Notary

The Golf Share market is changeable and agents often speculate with the prices. If you are thinking of purchasing or selling a golf share in Spain we can assist you to make a hassle free purchase or sale and to avoid excessive commissions.

As you may know, the purchase or sale of shares in some Spanish companies (Limited Liability companies) must be completed before a Public Notary so private documents are not valid. It is important to take advice before signing any purchase/sale document.

If you contact us we will make the necessary arrangements and negotiations to complete the transaction effectively. If you are purchasing, we can:

  • Contact the seller to request share information (number of the share, company, Golf Club, etc.).
  • Advise you on market prices of different golf shares.
  • Check the share document you are purchasing and make the necessary searches to find out that the share is ok.
  • Prepare the Purchase Title Deed and assist you before the Public Notary. If you cannot be in Spain for the completion the purchase we will act on your behalf and pick up the up original share document purchased and send it to you.
  • Contact the Golf Club and register you as new member of the club paying the entrance fee on your behalf.
  • Arrange the payment of the share through our client bank account.

Please note that if you purchase a Golf Share you only become a shareholder of the Spanish company. To play Golf you must be registered as a member of the Golf Club and pay a joining fee and annual fees.

If you are selling, we can:

  • Contact the purchaser providing all the share documentation requested.
  • Make the necessary arrangements to sell your share before the Public Notary.
  • Assist you before the Public Notary or act on your behalf if you cannot be in Spain for the completion the sale.
  • Inform you on your tax liabilities in case a Capital Gain Tax arises and help you to settle your taxes.

Our standard fees for both purchasing and selling golf shares 400 euro (21 % VAT included). Please note that Notary fees are approximately 200 euro and are paid by the purchaser.

For further information on our purchase or sale of golf shares service, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and help you to make a trouble free transaction.

It is essential to file the right official forms with Authorities.

Foreign investments by private investors from abroad, exchange controls and capital movements are unrestricted and fully liberalised, and in all areas there is, in general, complete freedom of action. The general principles of current legislation are the absence of requirements for prior authorisation. Prior clearance is required in cases of investments of significant amounts involving countries classified as tax havens for tax purposes. In these cases investments must be declared in the Foreign Investment Register.

The Spanish Government is authorised, under exceptional circumstances, to prohibit or limit certain transactions if they seriously affect Spanish interests.

Thus, it can be said that exchange control has been established in order to calculate the Spanish balance of payments and to maintain statistical and tax control of monetary flows. Some transactions must be declared to the Bank of Spain and certain mechanisms are envisaged for payments and receipts from abroad.

It is essential to file the right official forms with Authorities when funds come into Spain or go out from Spain in order to avoid problems and fines with Spain’s strict investment and money laundering regulations.

For further information on this matter, please do not hesitate to contact us at mail@marbellasolicitors.com. We will be pleased to study your particular case and explain how these regulations apply to your particular investments.

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