By Carlos Baos (Lawyer) •
Published: 28 Sep 2023 • 10:34
Certificate of law in Spain and abroad. Sales, inheritances, divorces. Expert advice by White-Baos Lawyers.
The globalised world that we live in has caused that purchases and sales, inheritances or court proceedings may present, depending on the case, elements that affect different countries and their respective laws.
An inheritance to be signed in the United Kingdom, based on a will granted in Germany, but applying Spanish law since the deceased was Spanish. A purchase and sale of a property in Spain, where one of the sellers is a French minor. The divorce of a married couple of English nationality, who got married in Gibraltar, immediately after the marriage started living in Italy, and now want to get divorced in Spain.
In all these cases (and in many others) it is common for doubts to arise as to the applicable law in a given country and its scope, since the officials of a given country (for instance a Spanish Notary, or the officials of the Spanish Land Registry) do not necessarily have to be familiar with the regulations of other countries such as UK, Canada, Germany, etc. It is precisely in these cases where the figure of the certificate of law arises. A certificate of law is a document prepared by a professional in the world of law (a Notary, a solicitor, etc.) certifying the validity and application of the law of a given country.
Which authority is competent to prepare these certificates?
This will depend on the country before which the certificate is to be enforced.
For instance, in Spain, it is Notaries, Diplomats, Consuls or Competent Officials of other countries are authorised to prepare these certificates of law. And the Spanish authorities generally accept the certificates prepared by them. Especially when prepared by Notaries, due to the nature and status of the figure of the Notary in Spain.
However, there are countries such as the United Kingdom, where lawyers and solicitors are generally authorised to prepare certificates of law too. In either case, if you need a certificate of law in Spain, or abroad, please note that at White-Baos Lawyers we can assist you. Whether it is to coordinate with foreign Notaries with whom we collaborate regularly, so that they can prepare a certificate of foreign law to be used in Spain. Or to prepare a Certificate of Spanish Law ourselves (as we have done many times with our clients) so that they can use it abroad. For instance, to confirm who the heirs are according to Spanish law, etc.
At White-Baos Lawyers we can help you obtain a certificate of law, to be used either in Spain or abroad. Do not hesitate to contact us. We will study your case and offer you expert legal advice on the matter.
You may be interested in the following services and articles:
Affidavit of Spanish Probate and Inheritance Law. Spanish Will for Spanish assets and in-testacy rules for assets out of Spain
Divorce between foreigners in Spain. Applicable law to the divorce. Comments to the European Regulation. Legal advice.
A successful result challenging a Spanish Will in court. Application of Spanish Law, to the succession / probate of an English person domiciled in Spain..
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
White & Baos 2023 – All Rights Reserved.
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Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.
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