CHOICE OF THE FINAL HEIR BY THE EXECUTOR
A man dies widowed, with no descendants or ascendants, and leaves a will naming as his sole and universal heir whoever has personally cared for him during the last years of his life. He appoints a friend as executor, granting him the power to determine who that person is. The testator’s siblings question the validity […]
DETERMINING THE APPLICABLE LAW IN A SEPARATION OR DIVORCE PROCEEDING INVOLVING FOREIGN SPOUSES
Two British citizens resided in Spain until one year ago. After deciding to divorce, the husband returned to the United Kingdom. If there are no assets to be liquidated and it has been agreed that the husband will pay child maintenance, is it necessary to prove the applicable law? Answer: 1. Applicable Law Concerning Minor […]
REGISTRATION IN SPAIN OF A DIVORCE ISSUED IN GREAT BRITAIN BETWEEN A SPANISH NATIONAL AND A BRITISH NATIONAL RESIDENTS IN ENGLAND
A marriage between a Spanish citizen and a British citizen, celebrated and registered in Spain, was dissolved by divorce in London in 2022. What procedure must be followed to register the divorce in Spain? Answer: Since 31 December 2020, the United Kingdom is no longer part of the European Union. This affects the application of […]
BRITISH NATIONAL APPOINTS HIS WIFE AS HEIR WITHOUT RESPECTING THE FORCED SHARE OF HIS DESCENDANTS. DOES SPANISH LAW OR ENGLISH LAW APPLY?
To determine which law governs the succession of a British citizen with real estate in Spain, it is essential to consider EU Succession Regulation 650/2012 (ESR), which governs cross‑border inheritances. This regulation modifies the previous rule (which referred to the national law of the deceased) and establishes as a general principle—unless the testator expressly chooses […]
BRITISH CITIZEN RESIDENT IN LONDON. APPLICABLE LAW TO THE SUCCESSION
A British citizen resident in England owns several properties in Málaga. He dies intestate, leaving a brother. Which law applies to the succession? Since the deceased did not make a choice of law, the applicable rules are those of his habitual residence (England). However, under English private international law, the succession of immovable property is […]
HOLDING A HOMEOWNERS’ ASSOCIATION MEETING IN A FOREIGN LANGUAGE
In a homeowners’ association where most owners are foreign nationals and the property manager is also foreign, the question may arise whether the meeting can be held exclusively in English. A judgment of the Spanish Supreme Court (STS, 15 November 2002) establishes that it is valid to hold the meeting in English instead of Spanish. […]
POWER OF ATTORNEY: WHAT IS IT?
A Power of Attorney, known in Spanish as an “Escritura de Poder Notarial,” is a legal document or written authorization that must be signed before a Notary Public in order to be fully valid in Spain. This document allows you to appoint a trusted person (such as a family member or your lawyer) to act […]
RESIDENCY IN SPAIN: HOW TO OBTAIN IT
This guide explains the different types of residence permits available in Spain, who qualifies, how to apply, and the key documents you will need. RESIDENCY FOR EU CITIZENS If you are a citizen of the European Union (EU), obtaining residency in Spain is generally a straightforward process. Step 1. Register at Your Local Town Hall […]
T.I.E.: WHAT IT IS AND HOW TO OBTAIN IT.
If you come from a country outside the European Union and are moving to Spain permanently, you will need a Foreigner Identity Card, known as the TIE (Tarjeta de Identidad de Extranjeros). This document proves your legal residence and also serves as identification, as it includes your photograph. EU citizens do not require a TIE. […]
SWORN TRANSLATION, WHAT IS IT?
A sworn translation is an official translation of a document that has been carried out and certified by a sworn translator. This type of translation has legal validity and is accepted by official institutions such as courts, universities, and government authorities. What Is a Sworn Translation? A sworn translation is a translation that includes a […]
