Legal

Conveyance: Property Purchase & Sale

Navigating the property market in Spain, whether you’re buying or selling, can be both exciting and complex. At Salvador Tax & Legal, we specialize in making the process smooth, transparent, and secure. Our conveyance team combines local expertise with meticulous attention to detail, ensuring that every step of your property transaction is handled with the utmost care.

What Does the Conveyance Process Involve?

• Initial Consultation and Advice: We begin by understanding your specific needs, whether you’re purchasing your dream home, investing in real estate, or selling a property. Our team provides tailored advice to help you make informed decisions, ensuring that you are fully aware of all legal implications.
• Legal Due Diligence: Before any transaction is finalized, we conduct thorough legal checks to confirm that the property is free from encumbrances, such as unpaid taxes, mortgages, or legal disputes. We verify the property’s ownership, review planning permissions, and ensure compliance with all local regulations.
• Contract Drafting and Review: Once due diligence is complete, we draft or review the purchase or sale contract. This document is crucial as it outlines all terms and conditions of the transaction, including price, payment schedule, and any special arrangements. Our goal is to protect your interests by ensuring that the contract is clear, fair, and legally sound.
• Negotiation Support: In many property transactions, negotiation plays a key role. Whether it’s negotiating the purchase price or agreeing on the terms of sale, we offer expert guidance to help you secure the best possible deal. We represent your interests in discussions with the other party, aiming for a favorable outcome.
• Financial Management: Property transactions involve significant financial commitments, including deposits, taxes, and fees. We assist in managing these financial aspects, ensuring that payments are made correctly and on time. We also help you understand the tax implications of your transaction, providing advice on how to minimize your tax liability.
• Signing the Deed and Finalizing the Transaction: When it’s time to finalize the deal, we coordinate the signing of the deed (Escritura) before a Notary. This is a critical step where ownership is legally transferred. We ensure that all documents are in order and that the transaction is registered with the Land Registry, officially recording the change of ownership.
• Post-Completion Services: Even after the sale or purchase is complete, there are still important tasks to be handled. We assist with changing utility contracts, updating tax records, and ensuring that all legal obligations are fulfilled. Our comprehensive post-completion services are designed to give you peace of mind as you settle into your new property or move on to your next venture.

Inheritance Process

hat Does the Inheritance Process Involve?

• Initial Consultation and Assessment: We start by understanding the specific circumstances surrounding the inheritance. This includes reviewing any existing wills, understanding the estate’s assets and liabilities, and identifying the beneficiaries. Our goal is to provide you with a clear roadmap of the process ahead and address any concerns you may have.
• Reviewing and Validating the Will: If a will exists, our legal team will carefully review it to ensure that it meets all legal requirements under Spanish law. If the will was created in another country, we’ll assist with its validation in Spain, ensuring that it is recognized and enforceable here. If no will exists, we’ll guide you through the intestate succession process, which determines how the estate will be divided according to Spanish law.
• Obtaining the Certificate of Inheritance: One of the first legal steps is obtaining the «Certificado de Últimas Voluntades» (Certificate of Last Wills) and the «Certificado de Defunción» (Death Certificate). These documents confirm the existence of a will and are required to begin the inheritance process. We handle this process for you, ensuring that all paperwork is filed correctly and promptly.
• Inventory and Valuation of Assets: A crucial part of the inheritance process is identifying and valuing the deceased’s assets, which may include property, bank accounts, investments, and personal belongings. Our team ensures that all assets are accounted for and accurately valued. This step is essential for both the distribution of the estate and for calculating any applicable taxes.
• Settlement of Debts and Liabilities: Before the estate can be distributed, any outstanding debts or obligations must be settled. This may include mortgages, loans, or unpaid taxes. We manage this process, negotiating with creditors and ensuring that debts are paid from the estate in a way that minimizes impact on the beneficiaries.
• Inheritance Tax Calculation and Filing: Spain imposes an inheritance tax (Impuesto sobre Sucesiones y Donaciones), which varies based on the value of the estate and the relationship between the deceased and the beneficiaries. We calculate the exact tax liability, taking into account any applicable exemptions or deductions. Our team will also handle the filing of the tax return and ensure that payment is made on time to avoid penalties.
• Distribution of the Estate: Once all debts have been settled and taxes paid, the estate can be distributed to the beneficiaries. We prepare all necessary documents, coordinate with Notaries, and oversee the transfer of assets, whether it involves real estate, financial assets, or personal property. Our focus is on making sure that the distribution is carried out efficiently and in accordance with the deceased’s wishes.
• Handling Cross-Border Inheritances: In cases where the deceased owned assets in multiple countries or the beneficiaries are non-residents, inheritance can become particularly complex. We specialize in cross-border inheritance issues, ensuring that all international legalities are managed smoothly. This includes liaising with foreign legal professionals and understanding the implications of double taxation treaties.
• Dispute Resolution: Inheritance matters can sometimes lead to disputes among beneficiaries. Whether it’s a disagreement over the interpretation of a will or a challenge to the distribution of assets, our team offers skilled mediation and legal representation to resolve conflicts amicably and efficiently.