If you live in the UK but have Spanish probate to deal with, you may not be able to simply fly out and tend to it. This is where you will need to grant a Spanish Power of Attorney. This blog will cover all you need to know about granting a Spanish Power of Attorney from the UK.
Granting a Spanish Power of Attorney – Step-by-step Process
Handling Formalities to Ensure it meets Spanish Requirements
The principal clauses involved with a Power of Attorney are made up of primary powers. This includes permitting your Attorney to inherit, buy, sell and take court action in Spain, as well as handle your financial affairs.
When you grant these powers to your Attorney, you must find the right balance to ensure they can deal with your affairs efficiently without having too much unnecessary power. For this reason, you must have a sound level of trust between you and your Spanish Power of Attorney. It is often advised to have more than one Power of Attorney to ensure you have a backup. Using professionally regulated Attorneys is the best way to lock in the trust without taking a chance.
Preparing the Spanish Power of Attorney
When you have decided on your Attorney or Attorneys and the powers they will be granted, you will need to arrange for a Notary Public to witness you signing the document. The job of the Notary is to identify you and to ensure you fully understand what is entailed when granting your Spanish Power of Attorney. The Notary’s signature must be recognised through the process of legalisation.
UK Notaries are lawyers who are qualified to authenticate documents and signatures to be used internationally. Legalisation is the process of the Power of Attorney going to the Foreign and Commonwealth Office so an Apostille can be attached to the document (after it has been notarised.)
Delivering the Power of Attorney
After legalisation, the Power of Attorney must be delivered to those representing you. If they are based in Spain, you can arrange a courier for quick and safe delivery. Be sure to have confirmation of delivery.
It is always best to seek professional advice when dealing with legal issues. For help with Spanish probate, contact Spanish Probate Matters on 0208 150 2010.
