Law firm in Spain. Litigation and Real Estate experts. Penalty clause in a sales contract. Hotel sale. Supreme Court ruling. New Success.

New Success. We won a Supreme Court case about a penalty clause on a purchase contract of a hotel. Successful Court Decision Nets Client €700,000. Modification of the penalty.

Law firm in Spain. Litigation and Real Estate experts. Penalty clause in a sales contract. Hotel sale. Supreme Court ruling. New Success. […]

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Pay 10% of the purchase price. Legal precautions to know.

Pay 10% of the purchase price. Precautions before you sign. Legal advice.

SUMMARY OF THE ARTICLE 1.- Paying the seller directly. A risk worth knowing. In Spain, it is common to pay 10% of a property’s price, or a smaller reservation amount, directly to the seller or the estate agency. Unlike in other countries (United Kingdom, Germany, France, etc.) that money is not always protected until completion. […]

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Leave my inheritance to my grandchildren.

Leave my inheritance to my grandchildren. Can I do this without affecting my children?. The “mejora” third under Spanish law.

SUMMARY OF THE ARTICLE 1.- The law applicable to the succession. Not every estate with an international connection is governed by Spanish law. EU Regulation 650/2012 allows a testator to choose the law of their nationality in their will; if no such choice is made, the law of the testator’s habitual residence at death applies, […]

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Contest a will due to incapacity.

Contest a will due to incapacity. Requirements and Spanish Supreme Court Case Law. New court success.

SUMMARY OF THE ARTICLE 1.- What is needed to contest a will for incapacity. Spanish law presumes that every person is of sound mind. Anyone wishing to contest a will must provide compelling evidence to the contrary, since the Notary’s assessment of capacity carries considerable weight in practice. 2.- What is, and is not, sufficient […]

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