When might I need a Spanish Legal Opinion?

Here are some examples:

• When administering a UK estate with Spanish assets, where the UK Probate Registry or the Sheriff Court in Scotland may require an affidavit of Spanish law to state whether Spanish rules impact who is entitled to your assets
• If a British citizen passes away with assets in Spain, beneficiaries or executors may need to provide an affidavit of law to prove who is entitled to the estate under Spanish law.
• When using Spanish property as security for a loan from a UK bank, the lender will request a legal opinion to confirm the mortgage is enforceable under Spanish mortgage law.
• When applying for Spanish Non Lucrative Visa to confirm you will not work while living in Spain.
• To marry in Spain, you may need a sworn affidavit declaring your marital status and that no impediments exist, particularly if you can not obtain a certificate of no impediment from the UK.
• To prove that two different names on UK documents belong to the same person, usually to align with Spanish NIE or residency card.
• When wishing to enforce a UK court order in Spain, where a Spanish legal opinion may be required by a Spanish court.
• On property transactions, sellers often need to sign a affidavit before a notary detailing the source of funds, proving they are the owner or confirming the property is free of tenants.
  

For more information, please contact Yolanda Perez Berges at yolanda.perez@theburnsidepartnership.com.