Legal News
| [11 Sep 08] :: Tenerife Property Purchases – Why should I use a Solicitor? |
| Most of us wouldn’t dream of buying a property in the U.K. without instructing a qualified Solicitor. So why do so many people buying a property in Tenerife throw caution to the wind and risk losing their deposit, or worse still, their entire life savings? My estate agent tells me I don’t need a lawyer Sadly, there is still a minority of Estate Agents who try to discourage buyers from using a solicitor. Perhaps that agent believes he is legally qualified to spot absolutely any problem that may arise during the transaction. Perhaps he is worried that a solicitor might spot a problem causing the buyer to pull out. Either way, reputable Estate Agents will always refer clients to an independent lawyer because the agent has a potential conflict of interests in representing the buyer in the conveyancing transaction. After all, the agent works for the SELLER. It is the seller that instructs the agent, and it is the seller who pays the agent once the property is sold. If the seller is not happy at the end of the day or the sale does not go through, the agent does not get paid. Clearly, the seller will not be happy if the buyer is alerted to any matter that may cause them to pull out of the purchase. I’ve heard that Spanish transactions aren’t that complicated The truth is that Spanish property transactions are just as complicated as those in the U.K, or perhaps more complicated due to the language and cultural barriers. The difference in perception is that only Solicitors or Licensed Conveyancers can handle transactions in the U.K, whereas in Spain, the transaction can be handled by anyone, including gestors, administrators, ex-lawyers, estate-agents, bar-owners, the lady who cleans your apartment etc. The truth is that there are a multitude of things that can go wrong. Perhaps there will be a problem with the seller’s title, a dispute with the developer, problems concerning the lack of bank guarantees, missing town-hall documentation or perhaps incorrect details of the plot or apartment number written into the contract. A qualified Solicitor is trained to spot any problem that might arise in the transaction and impartially report that problem to the client or take steps to resolve the problem. Most importantly of all, Solicitors are required to comply with stringent professional regulations and to carry professional indemnity insurance to protect clients when things go wrong. Typical Solicitor’s fees for handling a property purchase range from €1,500 - €2,500, equating to approximately 0.6% - 1% of a typical property price. Compared to the 5% commission typically charged by the estate agent, what price do you put on peace of mind? [b][/b] |
| [11 Sep 08] :: SPANISH WILLS – CONSIDERATIONS FOR EXPATS |
| A fair number of expats will have already made a Spanish Will. Others may be considering making one. But what do both groups have in common? All too often, they proceed to make a Spanish Will via a Spanish lawyer, gestor or other ‘professional’ without first ensuring that the professional has at least a basic understanding of the British laws applicable to their Wills and taxes. Naturally, this rules out a large number of Spanish professionals. Under Spanish law, expats’ probate affairs will generally be treated in accordance with the law of their home country, regardless of how long they have resided in Spain. It is therefore highly advisable to take advice from a professional who understands English Wills or who can provide at least basic advice regarding relevant tax issues. In many instances, clients are not properly warned that a divorce, marriage or arrival of new children may seriously alter or even cancel an existing Will. The result is that the estate may proceed under the intestacy rules, often resulting in an outcome far from that intended by the testator. Anyone making a Spanish Will should also consider the effect of any existing or future English Will. Any expat who still holds assets in the U.K. should ensure that they make a Will in both countries. Whilst a Spanish Will usually specifies that it only deals with Spanish property, most English or Welsh Wills will automatically deal with worldwide property unless they specifically exclude it. A conflict between the two Wills may therefore arise. Alternatively, an English/Welsh Will purporting to revoke all previous testamentary dispositions may inadvertently cancel a pre-existing Spanish Will if the Will-draftsman is not careful. By choosing an English Solicitor to prepare both their Spanish and English Wills, or to simply review their existing arrangements, clients ensure that their Wills achieve the purpose for which they were intended and at the same time avoid any conflict or other problem that might arise between the respective Wills. For a no-obligation quotation for the preparation of your English or Spanish Will or for an assessment of your existing arrangements, contact John Hatrick at Tenerife Solicitors on 922 717 845. |
| [11 Sep 08] :: SPANISH WILLS – WHICH NATIONAL LAW APPLIES? |
| At some point, most Ex-pats who have emigrated to Tenerife or Spain with a view to a permanent move will take the important step of making a Spanish Will. Spanish law, unlike English Law has a peculiarity in that it seeks to apply the law of nationality to certain legal matters personal to the individual. Hence, English law may be applied to matters affecting those of British nationality, notwithstanding the fact that they may have lived in Tenerife for many years. Many Ex-pats (and probably a fair number of lawyers) find this concept alien and confusing. In light of the large number of Ex-pats establishing in Spain, the rule may even come under challenge or review in the future. However, at the time of writing, the principle continues to apply. So what does this mean for the British Ex-Pat? Most notably, any matter involving Divorce, Family Law, Wills or Probate is likely to proceed in accordance with the relevant British Law as opposed to Spanish Law. For example, a British National making a Spanish Will is free to leave their property to whosoever they choose (spouse, children, the postman, the dog etc), whereas Spanish Nationals must leave certain compulsory percentages to their spouse and children, regardless of personal wishes. A potential pitfall occurs when a British National goes to a Spanish Lawyer, Gestor or other such individual to prepare their Will. In most cases, the local adviser will have had no legal training or experience in English or Scottish Law or matters relating to U.K. tax or trusts. Very often, the local adviser may not appreciate the effect that an existing or subsequent British Will may have on the Spanish version. Important matters may be overlooked that could affect both Wills, or in the worst cases, render one or other void or ineffective. Tenerife Solicitors do not just produce Wills for clients. Each client’s individual circumstances are reviewed to ensure that the resultant Will achieves its intended purpose and properly protects the client’s interests. See our Wills sections for more information. |
| [23 Oct 07] :: FREEDOM OF INFORMATION? |
| Britains latest right to know laws are being undermined by a huge backlog of thousands of complaints brought by dissatisfied members of public, some of which are apparently taking up to two years to clear. Many government offices or departments have refused to disclose documents concerning ministers meetings or other sensitive or embarrassing correspondence passing within Whitehall. The Information Commissioner, who has the power to order Public Bodies and ministers to disclose this information, has been forced to write to members of the public to apologise that their complaints have not yet been allocated a case officer. The Commissioner has described the substantial backlog which has built up since the Freedom of Information Act went live in January 2005. Of 5,000 complaints received by the watchdog, almost 1,400 have yet to be resolved and include over 600 still awaiting allocation to an officer. Recent figures suggest that 19 of the most complex and controversial cases relate to requests for sensitive information made over two years ago. A further 50 are more than a year old. Last year, the total list of unresolved complaints stood at over 1,200. Campaigners are increasingly concerned that by the time these complaints are resolved, the information requested will already be out of date or of little ongoing interest to the applicant who originally requested it. "In some cases the information will be too late to be useful, which is potentially serious for the legislation, because it may put people off using the Act," said Maurice Frankel, director of the Campaign for Freedom of Information. Some suspect that ministers have realised that it is an effective way to thwart attempts to expose politically embarrassing facts about the Government. "The Information Commissioner simply doesnt have the resources to handle the growing list of complaints, so that this backlog has developed. Its a shame, because the decisions being made are mostly very positive and are leading to increased disclosure." MPs say that by deliberately depriving the Information Commissioner of funds, the Government is helping to sidestep troublesome requests that it might otherwise have to comply with when the Information Commissioner finally rules on them. The serious lack of funds has forced Mr Thomas to prioritise his resources so that simpler cases are settled as quickly as possible while the more difficult requests, usually relating to government departments, are put on the difficult list where they wait a longer time to be resolved. Ministers are still debating whether to bring in measures designed to restrict access to information under the new law by bringing in rules that will allow public bodies to refuse certain requests on financial or other grounds. |
| < Page [2/3] > |
