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...remember to say you saw it in the SOL TIMES
SOLTIMES april 2014
LEGAL CORNER
WITH MICHAEL DAVIES, ABOGADO/SOLICITOR If you wish us to print an article about a particular topic, please e-mail info@daviessolicitors.com VERY IMPORTANT: A NEW DIRECTIVE FROM THE EUROPEAN UNION MAKES IT NECCESARY FOR ENGLISH PEOPLE RESIDENT IN SPAIN TO REVISE THEIR SPANISH WILLS. Q. A solicitor spoke the other day on television about the new directive 650/2012 explaining that is was essential that people retired in a country different of their country of nationality within the European Union revise their wills. What is all this about? A. This regulation of the EU 650/2012 deals with different things, but the reason English citizens need to look at their will is that this new Regulation of the EU establishes that: When a person dies resident in one country of the European Union but national of another, the law applicable to his inheritance will be the one that he/she has established expressly in his will and not the one established by the International Norms of each country (which may be in conflict). This is good news because an English national living in Spain can establish that he/she wishes English Law to rule his/her inheritance and this will avoid any possible risk of claims from children against the spouse on the basis of the system of obligatory heirs established in Spanish law, which has always caused worry and concern in the case of children from different marriages etc. If a person passes away after the 17th of August of 2015, unless he has said differently on his will the legislation applicable to his inheritance will be that of his country of last residence. This is very important for English people living in Spain, because under Spanish
O Olive
Michael Davies is a Spanish Abogado and has been practicing law in Andalucia since 1993. He is member of the Law societies of Almería and Madrid. For a short period of time leading up to 2007 he was also Honorary British Consul.
Bedar, 04288 (next to Miramar Restaurant)
Tel: 607 705 085 or 687 938 466 Email: info@olivehouse-es.com
www.olivehouse-es.com
Monday - Friday 10am - 3.30pm
Sales office now open in Bedar
OLV753
los gallardos
...it’s all in the detail
OLV673
lubrin
An immaculately presented 2 bedroom, 2 bathroom townhouse in the popular development of Huerta Nueva, with shared pool and situated in a most convenient location for all local amenities. A Quiet residential well kept area, close to the beaches of Mojacar and Garrucha.
These new build properties have been priced well and are situated in the village of Rambla Aljibe near Lubrin. They boasts 3 bedrooms, 2 bathrooms and a spacious lounge with open fire. Great build quality and price.
OLV748
OLV278
89,950€
BEDAR
(Los Pinos)
This beautifully presented cortijo boasts 4/5 bedrooms, private pool, land and fabulous views. There is in addition a large workshop ready for conversion into an apartment if needed. A rare find , less than 30 minutes from the coast, close to Bedar village.
279,950€
law you cannot leave everything to your wife as 2/3 of the estate have to be left to children. In other words if you are resident of Spain, have children and do not establish on your will that you wish English Law (your national law ) to rule your inheritance your Spouse will not be allowed to receive his/her full inheritance as it would contradict the Spanish rules of obligatory heirs which would be applicable automatically because of the new regulation. Consequences: 1. If you have children but have made a will leaving all assets to your spouse, make sure that you have clearly stated on your will that you wish your national law (English law) to rule your inheritance. If you have not, then you need to speak to a solicitor about this new European directive and add this statement to your will. 2.If you are married and you have been concerned with possible claims by your spouses children against your estate this risk can be completely removed by your spouse stating on her/his will that it should be English law that rules the inheritance. Conclusion: Due to the substantial changes that it introduces the directive allows up to August of 2015 for it to be in force and therefore giving all those affected (anyone national of a European Union country resident in another) time to have their wills changed accordingly. The sooner you make sure that your will is in order the better. Michael Davies. Abogado.
75,000€
COMPLETE HOLIDAY HOLIDAY CARE CARE COMPLETE MOJACAR PLAYA
RENTALS - SALES -MANAGEMENT - MAINTENANCE
We urgently need more properties for sale and rental for waiting clients Properties of the week
Ref: INT/JM - Beautiful 3 bed/2 bath house on 2 levels, parking, pool & gardens, 300m from beach
Ref: GV/EB Perfectly located, furn, 1 bed 1st floor apart, a/c, pool, UKTV, parking, 50 metres from beach
Ref: SO/PP - Beautiful det villa, 4 bed, 3 bath, pool & sun terr, peaceful village near Mojacar.
Ref: LA/GK- Fantastic modern, 1st floor 3 bed, apart, 1 bath, pools, tennis court, elevator, parking
MOJACAR - reduced €169,950
MOJACAR - reduced €69,950
bedar
This beautiful property is in an elevated position,walking distance to the village of Bedar with amazing panoramic views of the Cabrera mountains and the entire coastline. Being minutes from the village makes the location very sought after indeed.
385,000€
SOPALMO, reduced €268,950
MOJACAR - reduced €119,950
Paseo del Mediterraneo 19, Mojacar Playa, Almeria (near the Hotel Best Indalo)
Tel: 950 478 612 / 610 808 631
info@almeriaholidays.com
www.almeriaholidays.com