Who can make a power of attorney?
In order to make a power of attorney this may involve a notary, call us for further advice. The notary only needs to check that you understand what you are doing and that you have the capacity to do it, which usually requires you to be over 18-years-old.
What powers should a power of attorney have?
When dealing with Spanish probate a power of attorney should be as limited as possible, simply allowing the attorney to perform the agreed duties. It is not a good idea to issue a general power of attorney, because you are then authorising another person to do things in your name. The less your attorney can do, the fewer risks there are. Because of that, it is safer to make a limited power of attorney for dealing with Spanish probate only and then extend it in the future if needed rather than giving the attorney a lot of freedom from the very beginning.
This may mean you need to pay additional fees for making a further power of attorney. Therefore, having a full understanding of the process is an important factor, we are able to assist we will make the power of attorney as wide as necessary but as limited as possible within those parameters.
Why does this help in Spanish probate?
We can help you with the full Spanish probate process. Our assistance is not limited to simply giving you advice, but with our professional team which will include outsourcing to Notaries and Solicitors where required, all of the paperwork can be completed making this process simple.
We will keep you informed along the process and you will be always free to call us and ask us about anything you have doubts about or the process development.
We can offer you peace of mind regarding the legal issues of inheritance, but we also believe in transparency and communication.
What are the basic steps in Spanish probate?
- You will need to ask for a death certificate.
- When you have the death certificate, we would ask the Spanish Central Will Registry if there is a will. If there is one, they will let us know where it is.
- If the will exists, we ask the notary that has the will for an authorised copy (if you want someone else to do this for you, you will need a power of attorney).
- You will have to accept or reject the inheritance.
- The ownership of the new property needs to be changed in the Property Register.
- Payment will need to be made of the Spanish succession taxes.
We can assist you in all of these steps and all the actions needed between them, including the creation of a power of attorney so that we can represent you before Spanish authorities.