What a Tenant Should Know to Rent a Flat in Spain

If you live in the UK but have Spanish probate to attend to, you may not be able to fly out and deal with it simply. 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. 

Meeting Spanish Requirements

The principal clauses involved in a Spanish Power of Attorney are comprised 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 granting power to inherit in Spain, it helps to understand the rules of Spanish Forced Heirship and Inheritance.

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. To learn more about the notarial system in Spain, visit the General Council of Notaries (Spain.)

Legalisation is the process of the Spanish Power of Attorney going to the Foreign and Commonwealth Office so an Apostille can be attached to the document (after it has been notarised.)

You can find official guidance on how to legalise your document via the UK Government Apostille Service.

Delivering the Spanish Power of Attorney

After legalisation, the Spanish Power of Attorney must be delivered to those representing you. If they are based in Spain, you can arrange for a courier to ensure quick and safe delivery. Be sure to have confirmation of delivery.

Learn more About Spanish Probate Matters and how our experienced team assists clients across the UK with Spanish estate and Power of Attorney matters.

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.