Spanish Wills vs English Wills.- A useful video on the different options that a person owning property in Spain has in terms of Wills.
Do you own property in Spain? If you do, it is always convenient to have a Will in place to ensure that the property goes to the relatives or persons you would like them to inherit it. As you will see in this article, there are several options which include granting a Will in your home country or a specific Will in Spain. There advantages and disadvantages in each option and here Antonio Guillen, dual qualified Spanish lawyer and English Solicitor as well as former Honorary Consul for Spain in Manchester, will mention some of them.
For instance, did you know that the administration of a Spanish estate when there is a Spanish Will in place takes an average of 3 months? On the other hand, when there is no Spanish Will the administration process can take as much as 12 months. It´s a big difference as you can see!
As usual, this video cannot replace the complete full advice that you would get if you meet or consult with a Spanish lawyer but it will serve as good guidance to understand a little bit better the different options available.
How to incorporate a Spanish Company by a UK Ltd company.
Some UK Ltd companies trading in Spain are considering incorporating a Spanish subsidiary or affiliate due to BREXIT.
The majority of UK companies who are relocating their headquarters or subsidiaries to Europe due to Brexit, are going to cities such as Frankfurt, Paris, Dublin and Amsterdam, however, a few of them have chosen Spain as their destination, mainly those with commercials interests in that country. British investment in the Spanish economy is growing significantly, according to Spanish government figures. According to the Institute of Export & International Trade, Spain is an important market and business partner for the UK. “It is the UK’s 8th largest export market (9th for goods).
How your company should proceed to incorporate a company in Spain?
On this video, you will find some key points that might prove of help.
The similar figure in Spain to a UK Limited company would be a “Sociedad Limitada (S.L.)” i.e. Spanish company where the
shareholders have limited liability as they do in a Ltd company in the UK.
In most of the cases we are dealing with, the UK company will be the only shareholder of the Spanish company.
To incorporate a Spanish SL by a single shareholder which is a UK Ltd. Watch the video to see which are the main steps to follow.
Spain does not recognizes dual passport with most of the countries, being one of them, the UK. Can I apply for Spanish passport?
However, If you are British citizen and your father is Spanish, you should be considered Spanish by origin. However, if you have never had Spanish passport you might have lost your Spanish nationality and you can apply for its recovery.
If it is your mother who is Spanish and you were born after the Spanish Constitution, the situation is exactly the same.
However, if you are the son or the daughter of a Spanish mother and you were born before the Spanish Constitution, you are not considered Spanish by origin, because at that time only men transferred the nationality to the children. In that case, you can opt for Spanish nationality.
These are two different routes to obtain Spanish nationality i.e. the recovery and the option, which proceeding is very similar, but is not the same.
Claudia is a dual-qualified Spanish lawyer and English solicitor duly registered with the Law Society of Barcelona, Spain as well as the Law Society and the Solicitors Regulation Authority in England and Wales. She has practised for over 15 years and she focuses on advising English clients with Spanish interests and also Spanish companies with interests in the UK. Prior to joining gunnercooke, Claudia worked in a number of leading Spanish firms in her native Barcelona, before founding her own firm.
How we can help Private Client Solicitors?
This video aims to help Private Client solicitors that from time to time might find clients with Spanish assets.
Hove you very dealt with an English Will for a client who has assets in Spain and you are not sure whether to recommend to put a separate Spanish Will in place or not?
When dealing with an estate for a client who had a property in Spain, you are not sure how to deal with it?
We are here to help!
gunnercooke llp is one of the few law firms in the UK with two qualified Spanish lawyers duly registered who are English speaking and able to advise individuals and companies in respect of their assets and investments in Spain.
The Spanish Desk at gunnercooke LLP was formed by Antonio Guillen and Claudia Font who work from our Manchester office. Both are qualified to practice Spanish Law and duly registered with the Law Society of Barcelona, Spain as well as the Law Society and the Solicitors Regulation Authority in England and Wales.
The team advises on a wide range of matters from private client, to commercial property and corporate business structures. They work closely with other specialists in the firm, to ensure that they can support on any legal challenge that an individual or business may face when operating or transacting in Spain or Spanish speaking countries.