Spanish legal advice in plain English

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The EU Succession Directive and what it means for you

The free movement of people may be one of the fundamental rights of the European Union, but it has arguably caused the greatest difficulties for EU nationals in matters of probate.

Laws across Member States are rarely uniform for succession purposes. In cases where the deceased was a national of one Member State but domiciled in another, careful consideration will need to be taken as to which laws will govern their estate. The national of a deceased person, where he or she was domiciled, and where his or her assets are located will all play a part in determining what laws should apply.

Last updated: 25 August 2021

Spain tackles ECJ’s inheritance tax criticisms

The Spanish government has taken steps to bring its inheritance tax rules into line with a recent European Court of Justice (ECJ) ruling

On 3 September 2014, the ECJ held that Spain was not acting in the spirit of the European Union by charging different rates of inheritance tax for residents and non-residents.

A new inheritance tax law amending the Spanish law 29/1987, passed on 27 November 2014, makes clear the tax liabilities now faced by residents and non-residents alike.

Last updated: 24 February 2022

Should I get a survey if I'm buying a property in Spain?

Purchasing a property in Spain is rarely done on a whim. But at times it can feel like cutting corners here and there will help relieve the burden and stress of navigating a transaction in an unfamiliar language and jurisdiction.  It is all too easy to be swayed by the relaxed purchasing culture of Spanish nationals who may suggest that commissioning a survey prior to purchase is an unnecessary expense that will delay the sale going through. 

Last updated: 24 August 2021

ECJ condemns Spain for discriminatory inheritance tax rules

The European Court of Justice (ECJ) has taken a bold step in ruling that Spain’s current inheritance tax rules for non-residents are void for being discriminatory.  Prior to the ECJ’s decision, non-residents often found themselves liable to pay more in inheritance tax to the Spanish authorities than their resident counterparts.  The ECJ ruling follows on from a formal request from the European Commission in 2010 for Spain to end its discriminatory Inheritance Tax practices, as they went against EU non-discriminatory provisions.

Last updated: 24 February 2022

The pitfalls of buying a property in Spain

Anyone in the history of home ownership will tell you that investing in bricks and mortar is a stressful business. If you are looking to buy a property in Spain, you may think that the romantic sheen of spending the rest of your days in the likes of the Costa del Sol will take the edge off making such a huge financial commitment, but don’t be fooled. The Spanish property market is a tricky maze to navigate unaided. Without independent specialist Spanish legal advice to guide you through its varying twists and turns you could see your dream purchase turning into a nightmare of epic proportions.

Last updated: 24 February 2022

Spanish Property Law Advice. 10 Golden Rules For Buying

So you have decided to buy a property in Spain and you are trawling the internet and every other source of information you can lay your hands on to be certain that the decisions you are taking and the moves you are making are not going to get you into difficulty.  You want a stress free purchase without any surprises, and you do not want to incur any unnecessary expenses. Jonathan Eshkeri, Director of E&G Solicitors in Spain, is an English solicitor and a Spanish lawyer.  These are his ten top tips for buying property in Spain.

Last updated: 24 February 2022

A brief guide to retiring to Spain

Before you pack your bags to enjoy your retirement in sunny Spain, it's important that you have full information on the potential pitfalls and costs which you may encounter.  

It is not always the fulfillment of a lifelong dream to live in a sunny climate by the sea that leads people to move to the Spanish coast when they retire.  In many cases Spain is considered to be the most affordable option, in terms of property prices, heating bills, grocery shopping and things to do in the great outdoors.

Last updated: 24 February 2022

Asset recovery in Spain – a recent case study

Recovering assets in Spain can be a daunting prospect at the best of times.  First of all you must navigate the complexities of working a different jurisdiction with a different legal system and a different working culture.  Secondly you have the added difficulty of tracing and securing an asset that the debtor may not wish to be found.  

As specialists in tracing and recovering assets in Spain there are very few scenarios we have not encountered at E&G Solicitors in Spain.  

We recently assisted the Trustee in Bankruptcy in relation to the realisation of an asset in Spain.  The case provides a good example of the work involved in asset recovery as it relates to bankruptcy and property owned by the bankrupt in Spain.

Last updated: 24 February 2022

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Testimonials

Our main concerns about buying a property in Spain was surrounding the Spanish paperwork. E&G Solicitors in Spain handled our matter very professionally and the communication we had with them was very good.

Ian McCarthy, Leicester

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