Archive for the ‘Articles’ Category

IRPH Litigation Spain: The outcome of the European Court of Justice’s Decision

On September 10, the Advocate General (Mr Maciej Szpunar) issued his Opinion on a preliminary ruling to be rendered by the Court of Justice of the European Union (CJEU).

The Opinion relates to the validity of a contractual clause regarding the sale of consumer mortgages linked to the IRPH index. (commonly known as “CAJAS”).

The legality of this interest rate has been contested by thousands of affected Consumers in Spain, who have questioned its validity, – under the European Directive on Unfair Terms in Consumer Contracts (Directive 93/13).

The Spanish Supreme Court ruled in 2017 in favor of the Banks (not surprising at all), but fortunately this unfair ruling was appealed to the CJEU.

In a nutshell, the CJEU will have to decide now whether the banks acted correctly by applying the IRPH index, even when it was self evident that this index was much less favorable for the client, than the Euribor index rate, (used in 90% of the mortgages).

Opinion of Mr Szpunar

In the first place, Mr Szpunar mainly points out that a mortgage clause or index is not transparent just because it is made official. This means that Spanish banks were under no obligation at all, to use the IRPH in consumer mortgage contracts. On the contrary, they chosed to do so, even in those cases where it was not the most beneficial index for their clients.

Second, he points out that the obligation of the bank is not that of advice, but that of information, so that the consumer fully understands the content of the specific clause.

In other words, he insists on the need for pre-contractual information, in order to allow the consumer to make an informed decision.

To this end, the banks should have clearly informed the consumer about the the method of calculation of the applicable interest rate (IRPH) by:

a) specifying not only the complete definition of the reference index used, but also

b) providing different evolutionary scenarios of the IRPH, based on its past evolution, compared to the Euribor.

Third, he finally recommends the Courts to open the possibility to declare these kids of mortgages null and void.

Massive losses for Spanish banks

The press has regarded the opinion as unfavorable to the banks. In fact, an adverse ruling for banks could leave the door open for additional costs for Banks, and if upheld by the CJEU, (hopefully), it could provoke massive losses for a number of Spanish banks. Goldmand Sachs has preliminary estimated the financial blow in 44.000 million of Euros.

Possible consequences of a hypothetical ruling against the banks: Litigation Tail Risk

The CJEU will render its judgment in early 2020 and although opinions of AGs are not binding, they tend to have considerable weight.

The outcome for Spanish banks will be similar to what is already happening regarding lawsuits based on the abusive so-called “floor clauses”. In this case the CJEU also ruled the clause to be declared null and void and it allowed hundred of thousands of consumers to recover the interest unduly charged, forcing banks to refund so far, around 2 billion euros.

In any case, the final impact would depend on several circumstances, such as, the time limitation period to claim compensation, as well as other factors. Nevertheless, I hope Justice will prevail, and the CJEU decision will rule in favor of the consumers.

At the end of the day, despite the financial impact for the banks,- according to the latest Financial Stability Report issued by the Spanish Central Bank,- the solvency of Spanish banks is sound, so it is likely that whatever the outcome might be, the vast majority of Spanish banks will weather the storm, like they have always done in the past.

Contact us

We hope this information is useful. Subsequently, should you be affected by this particular problem or you might be interested in receiving more specific information, please do not hesitate to contact us and we will be glad to clarify immediately.

Mr Oscar Ricor.  “NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor BZN LEX INTERNATIONAL LAWYERS

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CRIMINAL RECORD CANCELLATION IN SPAIN: DOES MY CRIMINAL RECORD STAY WITH ME FOREVER?

If you’ve been convicted of a criminal offence, you will usually then have a criminal record. This can cause a variety of problems. For example, a criminal record can adversely affect employment prospects, international travel plans, etc

However, in Spain, all individuals convicted who have extinguished their criminal responsibility have the right to obtain from the Ministry of Justice the cancellation of their criminal records within the time limits established by law.

CRIMINAL RECORD CANCELLATION WHEN THE PENALTY IS FINE

In this article, we will explain the cancellation deadlines just when the penalty is a fine, like for example the simulation of a crime (the person who falsely denounces, for example, that his car has been stolen), is punished with a fine of 6 to 12 months.  

CLASSIFICATION OF OFFENSESARTICLE 33 SPANISH PENAL CODE 

In the first place, it is important to note the classification of offenses according to the Spanish Penal Code.

Pursuant to their nature and duration, the punishments shall be classified as serious, less serious and minor: 

1.  Serious penalties include among others, Imprisonment exceeding five years

2.      Less serious penalties include among others, Imprisonment from three months to five years; fine of more than 3 months

3.      Minor penalties include among others, a fine from ten days to two months

DEADLINES DEPENDING THE OFFENSE: ARTICLE 136 OF THE PENAL CODE

Those convicted who have extinguished their criminal responsibility have the right to obtain from the Ministry of Justice, the cancellation of their criminal records. It is merely an administrative procedure, not a Court one.

In order to cancel them, it is necessary not to have committed another offense during:

1.      Ten years for severe or serious sentences.

2.      Five years for the remaining less serious penalties, equal or superior to three years.

3.      Three years for the remaining less serious penalties, of less than three years.

4.      Two years for penalties not exceeding twelve months and those imposed for reckless crimes.

5.      Six months for light or minor penalties.

CANCELLATION OF CRIMINAL RECORDS WHEN THE PENALTY IS A FINE

The deadline referred to in the previous section will be counted from the day in which the penalty has been extinguished. In the case of a fine, when it has been fully paid.
1.- If the fine imposed in a sentence is 3 MONTHS or less, the cancellation period will be SIX MONTHS counted from the full PAYMENT OF THE FINE.

2.- If the fine imposed in a sentence is greater than 3 MONTHS up to 12 MONTHS, the cancellation period will be TWO YEARS counted from its payment

3.- If the fine imposed in a sentence is greater than 12 MONTHS but less than 3 YEARS, the cancellation period will be THREE YEARS counted from its payment.

EXAMPLES WHEN THE PENALTY IS A FINE

I)
A person is convicted of a slight crime of theft at the penalty of a fine of 2 months at a rate of 9 euros/day (540 euros). The convicted person pays the fine of on 01.01.2019; 

The cancellation will occur on July 2, 2019 (SIX months from the day following the payment of the fine).

II) A person is convicted of a crime simulation of a 9-month fine at a rate of 5 euros/day. (270 days x € 9 = 1,350 euros)  

The convicted person finished paying the fine on 01/15/2019.

Criminal records will be cancelled on 01/16/2021 (TWO YEARS from the day following the payment).
III) A person is convicted of a driving offense under the influence of alcoholic beverages to a penalty of a fine (8 months), plus deprivation of driving license for 1 year. 

The payment of the fine is made on 01.06.2019 and the withdrawal of the driving license ends on 01.10.2019. 

Criminal records will be cancelled on 02.10.2021 (TWO YEARS from the day after the last sentence has been extinguished).

WHAT HAPPENS IF THE FINE IS NOT PAID?

The convicted person will face subsidiary personal responsibility of one day of deprivation of liberty for every two unpaid daily quotes.

CONTACT US FOR ANY HELP

We hope this information is useful. The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your particular circumstances. 

Subsequently, should you be affected in particular by this problem or you might be interested in receiving more specific information about this particular subject (or any other legal advice), please do not hesitate to contact us and we w ill be glad to help you immediately. 

Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish SolicitorBZN LEX INTERNATIONAL LAWYERS www.bestsolicitorsinspain.com

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Steps to follow to claim insurance damage DANA flooding in Spain II

An extreme ‘Gota Fria’ –meaning ‘Cold Drop’– delivers Spain’s most Severe Storm in over a century and it has battered practically ALL of Alicante province between September 11 and 15th September. A succession of frigid polar fronts drove temps some 16C below-average across vast swathes of the country, brought torrential rain and floods to many, and even spawned a tornado in Alicante.

Contact your insurance company or the Consortium

First, in case you might be affected by the disaster, you will need to contact your insurance company, and they will forward your claim to the “Insurance Compensation Consortium”. (the Spanish government disaster fund).

Likewise, you can also contact the Consortium directly by submitting the corresponding request, either by calling 900 222 665 or 952 367 042 or online www. consorseguros.es (with electronic ID or certificate).

If compensation cannot be requested by any of the aforementioned methods, a letter may also be sent to the corresponding Regional Consortium Delegation, depending on the place where the damage occurred. In this case, you will have to fill out a damage communication’s report form together with the required documentation.

No deadline to submit the claim

Due to the high number of people affected, the Consortium has significantly expanded its telephone platform; and it will keep the center operational during weekends, in order to help all people affected. The initial deadline of 7 days will not be applied, so there is no deadline to submit claims.

Assessment of damages

Second. the Consortium will send an expert in insurance, in order to assess the damages caused, in this case, by the heavy rainfall and flooding. The affected party will have to present the invoices of the goods damaged by the storm. Alternatively, the insurers also advise photographing all the damaged goods, as to be able to attach the images as evidence to the claim.

Compensation

Third, once the claim has been filed, it will be necessary to wait for the damages to be assessed. Taking into account the high number of claims expected from Monday the 16th September, the companies estimate that payments might take approximately three months.

In the case of flooded cars, the insured will be entitled to compensation from the Consortium, regardless of the coverage contracted. It will be enough to have the legally compulsory coverage of civil liability or damage to third party’s insurance, in order to be entitled for compensation.

Finally, the Consortium informs that there isn’t a limit to the total amount to be compensated, so they will pay the corresponding compensation in accordance with the insurance policy contracted by the affected insured, even if the final cost might significantly exceed the first estimates made.

Contact us for any help

We hope this information is useful. This is not to be considered as individual legal advice. Subsequently, should you be affected in particular by this problem or you might be interested in receiving more specific information, please do not hesitate to contact us and we will be glad to help you immediately.

Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor

La entrada Claim insurance DANA II se publicó primero en BZN LEX INTERNATIONAL LAWYERS.

Steps to follow to claim insurance damage flooding in Spain.

An extreme ‘Gota Fria’ –meaning ‘Cold Drop’– delivers Spain’s most Severe Storm in over a Century and it has battered practically ALL of Alicante province this week. A succession of frigid polar fronts drove temps some 16C below-average across vast swathes of the country, brought torrential rain and floods to many, and even spawned a tornado in Alicante.

7 days to submit the claim

The insurance companies will be receiving a significant number of claims within the next few days, as those affected have a period of seven days to report the claim.
 


First, in case you might be affected by the disaster, you will need to contact your insurance company, and they will forward your claim to the “Insurance Compensation Consortium”. (the Spanish government disaster fund).

Likewise, you can also contact the Consortium directly by submitting the corresponding request, either by calling 900 222 665 or 952 367 042 or online. If compensation cannot be requested by any of the aforementioned methods, a letter may also be sent to the corresponding Regional Consortium Delegation, depending on the place where the damage occurred. In this case, you will have to fill out a damage communication’s report form together with the required documentation.

Asessment of damages

Second. the Consortium will send an expert in insurance, in order to assess the damages caused, in this case, by the heavy rainfall and flooding. The affected party will have to present the invoices of the goods damaged by the storm. Alternatively, the insurers also advise photographing all the damaged goods, as to be able to attach the images as evidence to the claim.

Compensation

Third, once the claim has been filed, it will be necessary to wait for the damages to be quantified and for the payment of the corresponding compensation. Taking into account the high number of claims expected from Monday the 16th September, the companies estimate that payments might take about three months.

Contact us for any help

We hope this information is useful. Subsequently, should you be affected by this problem or you might be interested in receiving more specific information, please do not hesitate to contact us and we will be glad to clarify immediately.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor

BZN LEX INTERNATIONAL LAWYERS www.bestsolicitorsinspain.com





La entrada Claim insurance damage se publicó primero en BZN LEX INTERNATIONAL LAWYERS.

Responsibility of the owner for wrongful acts caused by tenants

Beware of wrongful acts of your tenants, especially if you are a homeowner in a community. In fact, you could be jointly legally liable for any harm, damages or annoying behaviour caused by your tenant to the rest of the neighbours.

Legislation applicable: Art 7.2 Horizontal Property Law

2. The owner and the occupant of a unit shall not carry out in such unit or in the rest of the building any activities not permitted in the community statutes; or which may cause damage to the property or contravene the general regulations concerning inconvenient, unhealthy, noxious, hazardous or unlawful activities. The president of the community, on his/her own initiative or at the request of a unit owner or occupant shall urge the person or persons carrying out the activities banned under this subsection to desist under admonition of court action. Should the offender persist in his/her conduct, the president, subject to the authority of the meeting of the owners’ general assembly, duly convened for this purpose, may undertake an injunction procedure, which, insofar as not expressly provided for in this section, shall be settled by ordinary proceedings. Once the action is brought, including the accreditation of the authoritative notice to the offender and the certification of the resolution adopted by the general assembly, the judge may order as a precautionary measure the immediate cessation of the prohibited activity, under admonition of incurring an offence of disobedience. Furthermore, the judge may adopt any precautionary measures necessary to enforce the injunction. The action shall be brought against the owner and, if fitting, against the occupant of the unit. Should the court adjudge in favour of the plaintiff, it may decree, besides downright cessation of the prohibited activity and award of damages as may correspond, the deprivation of the defendant’s right to use the unit for no more than three years, depending on the seriousness of the offence and detriment caused to the community. If the offender were not the owner; the judgement may definitely terminate the offender’s interest in the unit and decree his/her immediate eviction”

Recommended advice to the Landlord

The landlord must inform the tenant urgently, even the landlord must be prepared to terminate the lease. if necessary.

Recommended advice to the Community

First, if the tenant causes inconvenience, the community of owners must:

1. Require the tenant to cease the annoying activity extrajudicially through burofax or similar. The requirement must be made by the President of the Community on his own initiative or upon request of any of the owners or neighbours. The Horizontal Property Act does not require prior meeting or agreement to this effect.

2. The owner must also be informed of the annoying activity that his tenant is doing.

However, if despite this warning, the inconvenience might continue, and the landlord might maintain a passive attitude, the community of owners will have the right to authorize the President to initiate legal action against both the tenant and landlord, with prior agreement by the Community in a formal AGM.

Will court action be necessary?

If all the friendly attempts might fail, the lawsuit would be strongly advisable. This lawsuit would request for the cessation of wrongful activity and even demand compensation for any damages caused. As indicated before, both the landlord and tenant would be jointly liable, as clearly indicated by the Supreme Court Ruling in Nº 832/239, of December 18, 2009.

Regulated Solicitors and Property Administrators

We hope this information is useful. Subsequently, should you be affected by this problem or you might be interested in receiving more specific information, please do not hesitate to contact us either by replying to this message or preferably by visiting also our website www.bestsolicitorsinspain.com 

We are proficient in community problems, thanks to our combined experience as Litigators lawyers and property administrators.

How to contact us?

You can contact our firm several ways:

1. Call us or send us a whatsapp now to (0034) 687 88 88 73.

2. You can also use our e-mail form at the top of the sidebar of your screen, or alternatively, you can send us e-mail to info@bestsolicitorsinspain.com

Our commitment, we’ll respond to your e-mail inquiry in less than 24 hours.

We are on social media.  Follow us on:

A) facebook: BZN Lex International Lawyers@oscarricormorales7

b)   twitter: https://twitter.com/BznLex

c)   and linkedin.com/in/ricorabogados

Finally, thank you very much for your attention, and in case you might have any question or doubt at all, please do not hesitate to contact us and we will be glad to clarify immediately.

We look forward to helping you and the benefit of our “know-how”.

Kindest regards

Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor. REGULATED PROPERTY ADMINISTRATOR

La entrada Wrongful acts of tenants se publicó primero en BZN LEX INTERNATIONAL LAWYERS.

# VERY URGENT HELP!! Please donate NOW to “HOGAR NAZARET”, and save the children from sexual exploitation and organ trafficking!

Our Mission Statement

At BZN LEX INTERNATIONAL LAWYERS, Charitable giving is one of our main aims (other than winning compensations for our clients of course) and as part of our corporate responsibility, we donate and we encourage our own clients and collaborators also, to donate to trusted charities. However, we do have a set of strict policies on charities who we support. For instance, we only recommend charities we trust implicitly. We prefer charities with specific projects we can follow up on, and to focus on smaller sized charities, who do not turn charitable giving into a business venture. In other words, charities where we know for a fact, that the money is not going to be wasted on paying intermediaries or excessive salaries to their Directors or employees.

In short, we prefer supporting the good work of worthy causes, particularly smaller and less well-known good causes, that arguably are in greater need of financial support than many of the more established and well-known national charities.

Hogar Nazaret. Peru

Please see below an example of a Charity we are particularly proud of supporting, called Hogar Nazaret ( “Home Nazaret in English”), a house located in the Peruvian jungle, which by the way, it does not receive any financial aid from the Government or the Church. As a result, they are going through a very difficult situation right now. For further information about this exemplary organization, and the excellent work that is currently carried out for the little children, please visit the specific section of our website: https://bestsolicitorsinspain.com/charitable-giving/ Alternatively you can visit Hogar Nazaret’s own website https://www.hogarnazaret.es/ (it is only in Spanish for the moment).

The Founder

or also contact his Founder Mr Father P Ignacio María on Facebook. (please click on the following link:

https://www.facebook.com/pignaciomaria.donoro.9)

You can also buy his book “Hogar Nazaret, sueño de Dios” on amazon ( please copy and paste the following link): https://www.amazon.es/Hogar-Nazaret-sue%C3%B1o-Ignacio-Do%C3%B1oro/dp/8408161490/ref=sr_1_1?__mk_es_ES=%C3%85M%C3%85%C5%BD%C3%95%C3%91&keywords=Hogar+Nazaret%2C+sue%C3%B1o+de+Dios&qid=1566635034&s=gateway&sr=8-1

Contact us for further information

Remember that any contributions can benefit from tax deductions, if you are Spanish national or fiscal resident in Spain. Likewise, you will benefit from important tax deduction in case you might make a donation in your Spanish Will.

🔹 For a free consultation about how you can help the Charity, call us now ☎ +34 687 88 88 73 or email us 📧 info@bestsolicitorsinspain.com

Our Commitment

Finally, we are glad to inform all our readers that we do offer a minimum of a 3% up to 10% discount of our own fees, to any client who might donate to the Charity Hogar Nazaret:

🔹 Hogar Nazaret. La Caixa ES32 2100 5450 6102 0009 4211

Thank you very much for your attention and remember that this Charity HOGAR NAZARET IS FOR REAL, and with just a little contribution, you can make a difference and save the lives of the most vulnerable and needy. There are currently 81 children… and we all know how much it costs to raise children nowadays.

Oscar Ricor. Spanish Practicing Solicitor and English Solicitor (Non Practicing)

La entrada Please help HOGAR NAZARET se publicó primero en BZN LEX INTERNATIONAL LAWYERS.

PARENTAL LIABILITY: Who is responsible for the children’s wrongful acts in Spain?

In the case of Sarah,- a girl of 12,- she accidentally hit with her bicycle, a pedestrian who was walking in the street, causing him injuries that needed medical treatment for two almost months. The injured party claimed 4.000 euros compensation for the damages suffered. He won the case and obtained the financial compensation.

The Spanish Civil code establishes that parents (“parent” can be anyone exercising parental authority over the child, but typically refers to the “custodial” parent), are always liable for the consequences of their children’s wrongful acts.

Unlike any other common law jurisdictions, the degree of reasonable care required of the parents in Spain doesn’t depend upon the standard normally expected of children of like age, intelligence and experience or their particular state of mind.

The Amount of Parental Liability in Spain, holding parents liable for damages caused by their minor children vary widely on the type of act committed but even a silly act might have severe financial consequences. 

Therefore, the best way to prevent these kinds of potential serious situations is by hiring an insurance Coverage, which should be included in your homeowner ‘s insurance policies up to 300.000 euros.

How we can help.

At the law offices of BZN LEX INTERNATIONAL LAWYERS, we will be able to assist you either in filing a claim should you be the victim or alternatively to parents, in avoiding personal liability, by preparing a competitive but fully comprehensive insurance policy. 

We hope this information is useful and should you have any additional question about this or other legal matter, please visit our website: www.bestsolicitorsinspain.com

Thank you very much for your attention and permanent support and we look forward to helping you!


Mr Oscar Ricor“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor

La entrada Parental Liability in Spain se publicó primero en BZN LEX INTERNATIONAL LAWYERS.

CINQ CONSEILS UTILES

1. Pourquoi est-ce important de faire un testament Notarié en Espagne?

Le testament en Espagne. Un testament est un document qui contient des directives sur ce que vous désirez que l’on fasse de vos biens personnels et de vos biens fonciers après votre décès. Le notaire étant un officier public, le testament prend alors la valeur d’un acte authentique. Le testament devient de ce fait incontestable.

Le testament Notarié est donc la meilleure façon de vous faire entendre malgré votre absence. Ce document vous permet d’exprimer dès maintenant vos volontés concernant la distribution de vos biens après votre décès. Donc, vous pouvez y désigner la ou les personnes à qui ces biens seront légués et la part de chacun dans votre héritage.

Il n’y a pas d’âge idéal pour rédiger un testament. Dès que vous accumulez des économies et des biens, vous devez penser à qui vous voudriez les léguer après ton séjour sur Terre. Pas besoin d’être marié avec des enfants. Que vous soyez propriétaire d’un petit condo ou locataire, un testament c’est franchement utile. Que vous possédiez ou non beaucoup de biens n’a pas d’importance. Ce qui compte par-dessus tout, c’est qu’ils soient transmis sans complication.

2. Qu’arrive-t-il sans testament ?

Bien entendu, il n’est pas obligatoire de faire un testament en Espagne.

Néanmoins, sans testament, c’est la loi qui déterminera à la fois vos héritiers et la part à laquelle ils ont droit. On qualifie alors la succession de « légale» (ou «ab intestat»). Il ne faut pas oublier que les personnes désignées par la loi ne sont pas nécessairement celles que vous auriez désignées au départ. En Espagne, C’est le Code civil qui décide qui héritera de vos biens…. Vous ne décidez pas !

De plus, l’expérience des avocats en ce domaine démontre que les risques de conflit entre héritiers sont plus élevés dans un tel contexte. Rédiger un testament n’est pas une obligation, mais il est toujours préférable de le faire.

3. Que doit contenir un testament ?

Idéalement, un testament doit :

  1. Être signé et daté par vous, chez le Notaire ;
  2. Indiquer vos souhaits relatifs à la disposition d’au moins un de vos biens ;
  3. Indiquer que ces dispositions prennent effet après votre décès.
  4. Indiquer les noms complets de vos bénéficiaires ;
  5. Optionnel. Indiquer la personne à laquelle vous voulez donner le rôle d’exécuteur testamentaire.

4. Quand devriez-vous apporter des changements à votre testament?

Vous pouvez modifier votre testament aussi souvent que vous voulez. En fait, c’est une bonne idée de le relire de temps à autre pour vous assurer qu’il est exact et à jour. Vous devriez changer votre testament :

  1. À la naissance d’un enfant ou d’un petit-enfant;
  2. Au moment de votre mariage, de votre divorce ou de votre entrée dans une union de fait;
  3. Lors du décès d’une personne mentionnée dans votre testament ;
  4. Au moment de l’acquisition de biens ou d’effets d’une valeur considérable ;

5. Est-ce qu’il faut faire appel à un avocat pour faire un testament ?

Il n’est pas obligatoire de demander à un avocat de vous aider à rédiger votre testament. Vous pourriez être dissuadé de faire appel à un avocat pour les frais que cela pourrait vous engendrer. Cependant, il est absolument essentiel d’avoir des conseils avisés d’un avocat qualifié pour s’assurer du meilleur résultat, si votre succession est compliquée. Par exemple si :

  1. Vous avez des enfants ou prenez soin d’une personne ayant des besoins spéciaux ;
  2. Vous possédez des biens personnels ou immobiliers d’une valeur considérable ;
  3. Vous possédez des propriétés en Espagne ;
  4. Vous possédez une entreprise

6. Ça coûte cher faire un testament ?

Pas du tout. En fait, pour ce qui finit par ne représenter qu’une petite fraction de la valeur de l’héritage, un avocat qualifié et réglementé comme notre Cabinet, est absolument essentiel et utile. Les frais d’avocat engagés pour la rédaction d’un testament s’élèvent à 75,00 Euros seulement, pour la rédaction et traduction du testament chez le Notaire. Les frais d’avocat engagés pour la rédaction d’un testament s’élèvent à 75,00 Euros seulement, pour la rédaction et traduction du testament chez le Notaire.

Par conséquent, ne prenez pas de risques pas nécessaires et protégez-vous sagement et votre famille.Autrement cela pourrait vous entraîner des coûts beaucoup plus élevés pour vos heritiers après la mort. Autrement cela pourrait vous entraîner des coûts beaucoup plus élevés pour vos heritiers après la mort.

Vous trouverez chez « BZN Lex » l’expertise et le savoir-faire pour vous accompagner dans toutes les facettes de vos projets.

Pour avoir plus d’informations et de conseils, veuillez bien visiter notre site Web www.bestsolicitorsinspain.com

Nous espérons que cette information vous sera utile et nous vous remercions à nouveau pour votre attention. Nous nous réjouissons de vous offrir un service personnalisé et le bénéfice d’un conseil de qualité et rentable.

Sincères salutations,

M. Ricor

Avocat

La entrada Le Testament en Espagne se publicó primero en BZN LEX INTERNATIONAL LAWYERS.

About our Statement of purpose: To uphold Justice and the Rule of Law

At BZN Lex, our Statement of purpose has always been to uphold Justice and the Rule of Law. We passionately believe that the upholding of the Rule of Law. The right to a fair trial goes to the heart of democratic values and Justice in our so-called free society. This is why we fight so earnestly on behalf of those innocent accused people who seek our professional assistance.

For the last 15 years, we have worked for the better protection of our client’s well-being . We have defended the human rights of people facing unfair criminal charges in a foreign country other than their own.

In fact, every year, we have significantly strengthened our list of cases and we feel proud to having helped a lot of innocent people, who have been the victims of a miscarriage of justice. 

Our expert bilingual criminal team centers on helping our clients to obtain the most effective legal representation. We strive to help our clients understand and navigate in a friendly way throughout the frequent chaotic and bureaucratic Spanish criminal legal system.

Furthermore, our statement of purpose, implies that the protection and help of individual clients will always be at the hearth of what we do. Our vision for Spain is a country where every person’s right to a fair trial is respected, whatever their nationality, and for whatever reason they might have been accused of.

In short, our mission statement is to NEVER allow our clients to be subjected to any kind of criminal abuse.

For further detailed information, please visit our NEW website www.bestsolicitorsinspain.com and feel free to contact us through our Contact section.

Thank you very much for your attention and we look forward to helping you!

Mr. Oscar Ricor. Partner

Spanish registered practicing Solicitor and “NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196.

La entrada Our Statement of purpose se publicó primero en BZN INTERNATIONAL LAWYERS.

THE IMPORTANCE OF MAKING A SPANISH WILL AND USEFUL ADVICE AND PRACTICAL RECOMMENDATIONS

We would like- if we may- to take this opportunity to kindly give you some useful advice regarding a Spanish Will. We have indeed detected that this issue is still creating some confusion among our new clients.

Although you might already made a Will in the past, we have considered useful to post this article, just in case you or your family might need it one day.

In the first place, we cannot sufficiently stress the point about importance for anyone who owns a property in Spain, to make a Spanish will.

As you might probably remember, a Regulation was passed in 2012 (REGULATION (EU) No 650/2012), allowing EU citizens to leave their Spanish property according to their own national law, instead of the law of their country of residence. It was required since then to make a Spanish Will in which you state that you wish to leave your property according to UK law and that the Will only applies to your Spanish assets. This law came into being in Spain in 2015, meaning that all non-Spanish owners of properties in Spain (residents or non-residents), should make a Spanish Will ASAP.

In fact, having a property in Spain without making a Spanish Will can be a very risky and ultimately a costly decision for the legal heirs.

Why a Spanish Will?

First, because without a Will, inheritance expenses can be prohibitively high (in Probate or Grant of letters of Administration’s costs, plus swore translations and compulsory legalization of documents, legal fees, etc).

Second, beneficiaries will face a lengthy and stressful Spanish legal process to claim their Spanish inheritance, for example in cases where it is necessary to apply for certificates to non-EU countries. On the contrary, a standard inheritance procedure where the testator has made a Spanish Will is relatively quick and straightforward. (it can just take around 2-3 months).

Third, because if someone dies without making his or her wishes clear in the Spanish Will, there is a possibility that the Spanish rules on intestacy might apply. Spanish intestate Law differs greatly from UK Inheritance Rules. Whereas the UK law permits individuals, within reason, to leave their assets to whom they choose, the Spanish law imposes strict rules as to inheritance by family members. This is particularly appropriate in situations where there has been more than one marriage and several children from different marriages. According to the Spanish Rules of intestacy, all children (irrespective of the marriage), would have a preferential equal entitlement to claim their own share.

Therefore, if someone plans to leave the Spanish property and assets to his or her legal heirs without wishing for them to suffer delay and escalating costs, then it is strongly advisable to make a Will in Spain before passing away.


On the other hand, remember that when making several Wills in different jurisdictions, you can have for example an UK Will that might cover your UK interests and your Spanish Will that will cover only your Spanish interests. However, bear in mind that the Wills must be clear on which assets each Will pertains to cover as well as the appointed beneficiaries. Moreover, it is essential to mention clearly that the scope of the Spanish Will must include any present or future properties or assets, located in Spain only. Otherwise, the Wills could be accidentally invalidated and as a result, the testator’s actual wishes completely overridden.

2. Useful tips and practical recommendations once that the Spanish will is signed. The necessity to inform the next of kin

A lot of people believe it’s too difficult or macabre to think about, much less plan for, one’s own death. But confusion, exhaustion, and terror are the norm in the wake of enormous loss. Planning ahead helps reduce the family’s stress when they’re already in their own personal hell.

In fact, we have detected an increasing number of people (usually family relatives) who contact us when they find out that their loved ones have passed away in Spain. They had no idea wether Spanish wills were ever signed at the notary.

In many of these cases, our clients are totally unaware of whether the deceased made a Spanish Will or not. For example, they usually come to our offices without having any clue also, about the number and specific location of the assets and properties owned by the testator. 


Inform your next of kin.

This situation of uncertainty frequently leads to a lot of stress and delay, which finally results in escalating costs and significant inconvenience derived from having to request for a lot of additional certificates from the Spanish Authorities. The problem is that these certificates are not easy to obtain, for example bank account’s details from the banks, etc

Subsequently, in order to prevent this unpleasant situation from happening, it is crucial that you carefully follow these very important instructions very carefully.

Remember to ask yourself the following question; If someone had to suddenly take over your whole life, what do they need to know?

1º.- Your Last Spanish Will and Testament

We strongly recommend that you keep a hard copy of the Spanish Wills and also in PDF format. You should also update your Spanish Will, such that your current Will might no longer reflect your actual wishes or if your personal situation might have varied substantially. For instance, getting married, divorce, having new children, etc.

Nevertheless, if you change your passport number or your address, you will not need to change the Will. Although in this case, it is strongly advisable that you might contact us in order to give us your new personal details. (new address, passport nº, etc).

2º.- Lists of accounts, important contacts, assets and debts

Furthermore, keep all your paperwork in order and let also your beneficiaries know where it is kept. This includes title deed, local vehicle tax payments, property rates payments evidence, title deeds, mortgage contracts and details of joint bank accounts, etc.
To that end, we strongly advise that you also give your beneficiaries a copy of the title deed, together with a comprehensive list or inventory of all your assets located in Spain.

A list of all your credit cards, checking and savings accounts, including where they’re held and branch information if necessary. You can leave out the account numbers if you have privacy concerns; what you’re really doing is making a road map for whoever will be handling your affairs. Make sure someone knows where the keys of the property and car are.

Furthermore, any student loans, credit cards, mortgages, auto loans, etc.

2º bis.-Passwords

Don’t forget your rent, utilities, subscriptions, child support, memberships, and donations that auto-renew. List every single thing that bills out of your account monthly, quarterly, annually.

Finally, do not forget writing in a letter the passwords of social networks (Facebook or similar). Seal all this information in an envelope and keep with the other documents.

3º.- Life insurance

You should have life insurance if you have any outstanding debts or dependents. ( mortgage, etc). Ask the bank for a copy of this essential document. Some unscrupulous Banks might fraudulently refuse applying the policy on the mortgage, in order to force the legal heir to keep paying the full mortgage’s amount ( we have dealt with this situation in the recent past).

Obviously If you have no major debt and no dependents, you could skip the life insurance part, but keep in mind that life insurance beneficiaries can also be parents or other relatives, all of whom could probably use the money—especially if they are anticipating support in their retirement years and/or paying for the cost of your funeral.

4º.- Funeral preparations and preferences

Likewise, if you are living abroad, it is always advisable to hire a funeral insurance. Otherwise, your relatives will have to pay for it, which is very expensive in Spain. For example, if you want a burial or cremation and where you want your remains to go. (Especially if you come from a large family or if there are any religious or cultural differences to consider).

5º.- Solicitor’s details

Finally, do not forget to provide your next of kin or beneficiaries, with our professional contact’s details, in order to remove huge delays (and increased tax liabilities later on). That would allow us to provide your beneficiaries an immediate friendly and effective help and advice, when most needed.

Although the Spanish will is notarized and register at the Last Will Registry in Madrid, – for our client’s peace of mind, – a duly simple copy of the will is always safely and confidentially kept in secure storage in our premises together with an electronic copy of the will in PDF format, available to our clients at any time.

6º.- Final note

Keep all the information somewhere secure (originals and copies), both in Spain and in your home country, and make sure your legal beneficiaries know where this information is!

The less mess you leave for someone to clean up, the less you’ll complicate the grief for people who love you.

To sum up, we fully realize that owning a Spanish property can lead to uncertainty about your foreign obligations. We highly recommend that you plan well ahead before or immediately after you buy the property, to ensure you have both a foreign Will and a Spanish Will.

The Will is one of the most important documents you will sign in your lifetime, failing to take expert professional advice can result in mistakes and missed opportunities to save tax which, in the long run, can prove to be extremely costly and upsetting for families and loved ones.

Conclusion

In conclusion, it is essential that appropriate expert trusting professional advice is obtained in making sure that your Spanish Will is designed appropriately, to provide the basis for the most convenient, efficient and straightforward succession process possible in the circumstances. This means avoiding inconsistencies or conflicts in the use of language, (for instance, the consequences of a poor-quality translation), the dangers of possible mutual incompatibility of Wills; and confusion over succession issues and taxation liability.

About our Law Firm

At BZN Lex, we are proficient with the wording required. Therefore, should you need to make a new Spanish Will or just update your existing one, please do not hesitate to contact us. You would just need provide us with your details, tell us to whom you wish to leave your property and we will draw up or update your Spanish Will for a very reduced and competitive fee.

And in the unfortunate event of demise, we are experts in dealing with all kind of complex inheritance procedures. We will be glad to inform you accurately about the legal and financial aspects of the process (i.e. inheritance tax liabilities, etc).

We hope this preliminary information is useful for you. Should have any question or enquiry about this or any other legal matter, please do not hesitate to contact us and we will be glad to clarify to you.

Thank you very much for your attention, and we look forward to helping you.

Best regards

Mr. Oscar Ricor

“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor.

La entrada SPANISH WILL. USEFUL ADVICE se publicó primero en BZN INTERNATIONAL LAWYERS.


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