Carlos Baos. Recognised by Best Laywers. White Baos Abogados en Denia, Alicante, Costa Blanca . Familiy Law. […]
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. […]
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, […]
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 […]
Leave My Inheritance to a Charity. Testamentary Freedom and Taxation in Spain.
SUMMARY OF THE ARTICLE 1.- Testamentary freedom. Those with no forced heirs may freely leave their estate to a charity. Where forced heirs exist, their entitlement must be respected, and only the freely disposable portion could go to the charity. 2.- Taxation of the beneficiary organisation. Legal entities are not subject to Spanish Inheritance and […]
