CHOICE OF FINAL HEIR BY THE EXECUTOR
A gentleman dies widowed, without descendants or ascendants, and leaves a will in which he appoints as his sole and universal heir the person who has personally cared for him during the last years of his life. He designates a friend as executor, granting them the authority to determine who that person is. The testator’s […]
PROOF OF APPLICABLE LAW IN SEPARATION OR DIVORCE PROCEEDINGS – FOREIGN SPOUSES
Two British citizens have lived in Spain until a year ago. After considering divorce, the husband has returned to the United Kingdom. If there are no assets to be divided and it has been agreed that the husband will pay child support, is it necessary to demonstrate the applicable law? Regarding: For minor children, the […]
REGISTRATION IN SPAIN OF A DIVORCE GRANTED IN THE UNITED KINGDOM BETWEEN A SPANISH AND A BRITISH CITIZEN RESIDING IN ENGLAND
A marriage between a Spanish citizen and a British citizen, celebrated and registered in Spain, was divorced in London in 2022. What procedure must be followed to register the divorce in Spain? Regarding: Since 31 December 2020, the United Kingdom is no longer part of the European Union, which affects the application of European regulations, […]
BRITISH CITIZEN APPOINTS SPOUSE AS HEIR WITHOUT RESPECTING CHILDREN’S LEGITIMATE SHARE: SPANISH LAW OR ENGLISH LAW?
To determine which law governs the succession of a British citizen with real estate in Spain, it is essential to consider European Succession Regulation (EU) No. 650/2012 (ESR), which regulates cross-border successions. This regulation modifies the previous rule that referred to the deceased’s national law and establishes the principle — unless an explicit choice of […]
BRITISH CITIZEN RESIDENT IN LONDON: APPLICABLE LAW TO INHERITANCE
A British citizen residing in England owns several properties in Málaga. He dies intestate (without a will), leaving a brother as heir. What law applies to the succession? Since the deceased did not choose an applicable succession law, the rules of his habitual residence (England) apply. However, English law establishes that the succession of immovable […]
HOLDING A HOMEOWNERS’ ASSOCIATION MEETING IN A FOREIGN LANGUAGE
In a homeowners’ association where the majority of owners are foreigners and the administrator is also a foreigner, the possibility of holding the meeting entirely in English may be considered. A ruling by the Spanish Supreme Court (STS) on November 15, 2002 establishes that it is valid to hold the meeting in English instead of […]
“PADRÓN,” “RESIDENCE,” “NIE,” AND “TIE”: DIFFERENCES
If you move to Spain, you may need to register in the Padrón, obtain an NIE, and apply for residence. You will also need an NIE if you work or buy property in Spain, even if you do not plan to move there permanently. WHAT IS THE “PADRÓN” OR “CERTIFICADO DE EMPADRONAMIENTO”? The padrón is […]
N.I.E.: WHAT IT IS
The N.I.E. (Número de Identidad de Extranjeros) is a tax identification number in Spain. The Spanish government links the NIE number to your residency, while the NIE on a residence card (TIE) is connected to social security in Spain. EU citizens do not receive a Spanish NIE unless they have a tax-related reason, such as […]
FAMILY REUNIFICATION VISA FOR SPAIN
If you are not an EU citizen but are a legal resident in Spain, you can apply for a family reunification visa and sponsor your loved ones to live with you. If you are an EU citizen, even if your relatives are not, they could still move with you through a family extension visa or […]
MARRIAGE BETWEEN A UKRAINIAN NATIONAL AND A SPANISH NATIONAL
A Ukrainian national holding a long-term residence permit wishes to marry a woman of Spanish nationality.Can they marry in a civil ceremony or in a church? How is marriage processed in Spain? The marriage may be celebrated either in a civil or a religious form, in accordance with Spanish law (personal law of the Spanish […]
