John Collier Solicitor in Spain

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    • #197453

      Four years after the death there is no problem with fines or taxes. However, the situation regarding joint ownership is not the same in Spain as in the UK and the deceased’s half share does not pass automatically to the survivor. Your friend will need to go through the equivalent of probate in Spain so that he can inherit his wife’s share, assuming, of course, that he was the beneficiary of her Will in the UK.

    • #195349

      In the worst case scenario financially you could be asked by the Tax Office to pay ITP (purchase tax similar to stamp duty in UK currently 10%) based on their value of 137,780.57E instead of on 75,000E. You would have the right of appeal but it would be up to you to prove the price you paid was genuine and there was no black money involved. If you bought from a bank in a repossession situation it would easier to prove that you bought at market value than if you bought from a private individual. The value at catastro might help your case depending on how old that valuation was and all the other circumstances. Is the property still a bargain at 81, 278E? However, if you were thinking of not declaring the true purchase price, think again as you could be looking at a criminal prosecution as well as the tax surcharge.

    • #195187

      The latest Spanish Will will be regarded as valid in Spain because the Notary declares in the Will itself that he/she finds that the testator has the necessary capacity at the time of making the Will.

    • #193008

      Before the UK joined the EU in 1975 there was no problem coming to Spain or buying property here. Similarly in the subsequent period when UK was a member but Spain was not there was no problem. Spain has always benefited from the money British tourists and residents spend in the country. Currently, it benefits even more from the number of its nationals (who might otherwise be unemployed in Spain) working in the UK and sending money back to Spain. It would be completely against Spain’s interests to impose any restrictions and I believe that when all the sabre rattling is done things will continue pretty much the same as they are now except that it is probable that if you want to work in Spain you will need a work permit.

    • #190066

      I am an English solicitor working with a Spanish solicitor in Castellon in the Valencia region. In England and Wales The Law Society barred solicitors from acting for both the seller and the buyer in the same transaction decades ago because of the problems it caused. You cannot wear two hats at once nor can you do your best for both parties at the same time. Added to this estate agents have no qualifications to carry out conveyancing and because the seller is their client and the one who pays them if they get it wrong you have no come back; you were not their client because you did not pay them. Having said that, most agents get it right most of the time but the reason they offer to do the conveyancing “for free” is that they want to keep complete control of the transaction to be sure they get paid their commission which is often upwards of 4% of the sale price. Having a solicitor on the other side who might make the buyer aware of risks and potential problems or who might negotiate on the price may be regarded as an interference. Always instruct an independent solicitor before you sign or pay anything.

    • #188308

      Hello Steve

      You are right in saying you are a Class III inheritor and will, therefore, pay ISDS at the highest rate on your inheritance and, unfortunately, it could well be as much as the solicitor acting in your stepfather’s estate has calculated. I would suggest you request a written breakdown of the tax calculation from the solicitor and ask him about the allowance you have found in your research if it has not been applied.

      It is possible to apply for an extension of the six month period which will usually be granted. Interest is still payable on the outstanding tax but you do not get surcharged.

      Best wishes

      John Collier

    • #188152

      Mark

      Thanks for that.

      Sorry to be a nuisance but I’ve tried unsuccessfully to find out how to access the private message system. Could you help please.

      Incidentally, the seminar went very well yesterday evening with some 50 people attending.

      Regards

      John

    • #188141

      Hi Joe

      I’ve only just started posting on here so I’m not quite sure of the rules. However, as you have asked for my e-mail here goes: . If it’s not allowed no doubt it will be deleted. I will be happy to help if I can. Incidentally, I am just about finishing my website which will also be offering a property search service, particularly, for inland properties in Castellon province where there are plenty of the properties of the type you are looking for, which are or can be made legal, at low prices.

      Best of luck

      John

      • This reply was modified 4 years, 10 months ago by Mark Stücklin. Reason: Email address removed
    • #188071

      Joe

      There should be no problem buying in Valencia provided you do it right – that applies anywhere.

      John

    • #188062

      Hi Joe

      Spain has a system of registration of title similar to that in the UK. It works pretty well on the coast but inland for a start there is still a lot of land which is not registered which can be/very often is a can of worms. Secondly, the Land Registries, unlike in UK, take no responsibility for the accuracy of the description of the boundaries or of any plans there may be (unlikely). Sometimes adjoining owners may have the right to buy.

      Another point to bear in mind is that unless the land on which the building stands is at least one hectare – and it is not protected (classed as forest or mountain land) – you probably will not be able to extend the building beyond the existing footprint.

      Whereabouts are you looking?

      John

    • #188042

      Hi Joe

      The first thing is do you speak Spanish (or Valenciano)?

      Secondly, have you found these properties yourself or are you being shown them by an agent(s)?

      There are some fantastic properties in inland Valencia – we own one in Castellon province – for very little money if you are not worried about being a bit remote and you can get a great deal of satisfaction out of bringing an old property back to life. However, there are also all sorts of potential problems and you really need professional advice both in general as to what to look for and with regard to any particular property since the legalities are very often not what they ought to be with inland properties. As you are flying out on Tuesday it’s a bit late to seek full advice now but it would have been better to have done so before looking at property because it is very easy to get drawn in if you see something which really takes your fancy. (Keep your face straight if you do!). I would advise you to treat your first trip as just a finding out exercise, part of the learning curve. Do not take anything at face value until you have had it checked out. Do not sign anything or put any money down no matter what you are told until you have taken advice from an independent English speaking solicitor who deals with inland property. The market is very slow at the moment out here and there is no need to be rushed into anything. Take your time and you can take your pick.

      John Collier

       

    • #199435

      On the understanding that in the Acta de Herencia (or Inheritance Deed) the property would be conveyed to all four legatees in a “community of ownership”, as I would expect to be the case, none of the four new owners is obliged to maintain the community and can require either a sale of the property or the other owners to purchase his/her share, failing which an application may be made to the Court for an “extinguishment of the community of ownership”. This ultimately results in the property going to auction, failing an agreement in the meantime, and the proceeds being divided amongst the four owners.

    • #193774

      Yes. Modelo 210 which has to be submitted on-line before 31 December each year.

    • #188142

      Hello Chris

      I’m no expert on Valencia city centre but from what I have seen there are some real bargains to be had at the moment. Graham Hunt of Valencian Properties seems to know what he is talking about. Perhaps have a word with him. I would say in general that the feeling is that property prices are going to go up rather than down which helps to reinforce asking prices but there is still a fair amount of subjectivity involved in pricing in Spain and again, of course, it depends on the vendor’s circumstances. You’re not going to insult anyone with a low offer to the extent that they will not talk to you again.

      Hope that helps

      John

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