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Deadline to claim against Spanish banks for floor clauses in consumer mortgages
The floor clauses (“cláusula suelo†in Spanish) are stated on many Spanish variable interest rate mortgages to increase or decrease interest payments in line with the Euribor have made the variable interest rate mortgage repayments increased dramatically...
E&W court sets Will aside in fight over predatory marriage
The Central London County Court has given the judgement in the alleged predatory marriage case of Langley v Qin. This is one of the earliest cases of undue influence, after the England and Wales Court made its call In Rea v Rea (2024 EWCA Cib 169) Robert Harrington...
Reformed LPAs: Key changes introduced in the Powers of Attorney Act 2023
LPA is a legal document that allows individuals to appoint trusted representatives to manage their affairs if they become incapacitated. The reforms introduced in this Act aim to modernize and streamline the LPA process, primarily by digitizing it to make it faster,...
“Law of Grandchildren” a pathway to Spanish nationality for individuals with Spanish ancestry.
The Spanish government has recently made an official announcement, extending the deadline to apply for citizenship through the Grandchildren's Law (‘Ley de Nietos' in Spanish) until the end of 2025. This law has been created to grant Spanish citizenship to the...
Charitable reliefs will no longer be available for non-UK charities (e.g., EU and EEA charities)
In the Spring Budget of 2023, the government restricted charitable tax reliefs. The definitions of a charity and a Community Amateur Sports Club (CASC) for tax purposes have been changed so that only UK charities are eligible for charitable tax reliefs. This change...
Remote / online execution of Wills no longer possible in England and Wales
The remote execution of a Will in England and Wales is no longer allowed. The amendments made to the Wills Act 1837 during the pandemic expired on 31 January 2024 and we have returned to the previous position. In order to be valid, a Will must be signed in the...
How Are British Judgements Enforced In Spain?
After the transitional period for Brexit (i.e. after 31st December 2020) when a UK enforceable decision such as a final judgment is issued, Spanish law requires that the enforcement in Spain of such a judgment is subject to a process known as an exequatur. This is...
Si tiene un cliente Britanico que esta pensado en mudarse a España para trabajar o jubilarse o si tiene propiedades o activos en España
DeberÃa considerar asesorarle sobre lo que sucederÃa si posteriormente pierde su capacidad mental. Tenga en cuenta que es muy poco probable que un Lasting Power of Attorney (LPA) del Reino Unido, que por error podrÃa considerarse equiparable al poder preventivo...
If you are thinking of moving to Spain to either work or retire or if you own property or assets in Spain
You should consider taking advice on what would happen if you subsequently lose your mental capacity. Please bear in mind that a UK Lasting Power of Attorney (LPA) is highly unlikely to be recognised in the jurisdiction of Spain on its own as it does not contain any...