Inheritance and probate
This is what people call us about most, and almost always at the worst possible moment. We handle the whole file: the declaration of heirs where there is no will, the inventory, acceptance and distribution of the estate, settlement of whatever taxes apply, and the transfer of title of the assets.
What people appreciate most at the start is not the legal side, it is knowing what deadlines are running and what has to be paid before anything can be released. We give you that in writing at the first review.
When the estate includes a property, which is common in this area, the inheritance side and the property side overlap. We cover that case in selling an inherited property. When there are also heirs who do not live in Spain, coordinating deadlines and taxes is half the work.
Homeowners associations: what ends up in court
A good part of our legal work starts in homeowners associations, which follows from the fact that we administer a great many of them: court claims for unpaid service charges, challenges to resolutions passed at meetings, disputes over building works and the use of common areas, and liability claims against the president or the administrator.
The advantage of having the administration side and the legal side under one roof is a concrete one: when a claim has to be filed, the accounts and the minutes are already where they need to be, and in the form the claim requires.
We have gone into this in dealing with unpaid service charges, abuse of power by the president, whether you can refuse to be president and an owner’s rights within the association.
Property transactions and contracts
We step in on both the buying and the selling side before anything is signed: land registry checks, charges, debts owed to the homeowners association and planning status. After that comes the deposit contract, the sale itself, the notary and the transfer of title.
On why it is worth having a lawyer on the seller’s side and not only on the buyer’s, we wrote the lawyer’s role in a property sale, and the full sequence is set out in our guide to the conveyancing process.
Beyond property, we draft and review commercial, lease and service contracts. The review focuses on what causes problems later: termination, guarantees, deadlines and how liability is shared out.
Company and commercial law
Incorporating companies, shareholders’ agreements, amendments to the articles of association, governing bodies and dissolution. The decisions taken at incorporation shape years of tax treatment and of the relationship between shareholders, so they are better taken with the tax adviser at the same table, which is how we do it here.
As an introduction, what types of company exist in Spain, the steps to set up an SL and what share capital is for.
Immigration and non-residents
It is a constant on this coast: clients who buy, inherit or work here without living in Spain, and clients who come to settle. We process residence permits and authorisations and handle the legal side of the move, coordinated with the tax side, which is where the surprises usually turn up.
To get your bearings: the types of residence permit in Spain and the preliminary employment contract for foreign nationals.
We work in Spanish and in English.
Claims and proceedings
When there is no alternative to filing a claim, we run the proceedings. Before starting, we tell you what we expect to achieve, how long it may take and what it costs, including the possibility that it does not go our way: we would rather have that conversation at the beginning than halfway through.
We also act at the pre-litigation stage, which is where a lot of disputes are settled sooner and more cheaply.
Where we are
Five offices: Marbella, Estepona, Sabinillas (San Luis de Sabinillas, Manilva), Sotogrande and Sevilla. All of them provide every service.
How we start
The first conversation is there to establish whether you have a case and how it should be approached. It produces a written outline with the steps, the timescales and the fees, with no obligation.