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My husband has inherited a Villa from his Mum who has sadly passed away. He has been advised by her Spanish Solicitor that the Villa is to be put in the Solicitors name and that it is normal practice when clients live in another country. They have said it makes life a lot easier when dealing with anything to do with the property. Is this correct? Thank you
I must admit I've never heard of that. Can't see any advice on solicitors' sites about putting the property in the name of the solicitor, just that the solicitor will check if legal and arrange a notary session so the inheritor can accept the property (if they wish to do so).
Nothing about putting the property in another name, though. If this were normal, I would think the help and legal sites would make mention of it but I can't see any that do.
Are you sure they said put the property in the name of the solicitor or did they possibly mean you would grant power of attorney to allow them to do things on your behalf? That would make more sense.
marcliff wrote on Wed Apr 17, 2024 6:18pm:
I must admit I've never heard of that. Can't see any advice on solicitors' sites about putting the property in the name of the solicitor, just that the solicitor will check if legal and arrange a notary session so the inheritor can accept the property (if they wish to do so).
Nothing about putting the property in another name, though. If this were normal, I would think the help and legal sites would make mention of it but I can't see any that do....
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Are you sure they said put the property in the name of the solicitor or did they possibly mean you would grant power of attorney to allow them to do things on your behalf? That would make more sense.
I thought it was a little strange, but her reasoning was if there is anything to sign for the Villa then she can do it. Unfortunately I wasn’t there when this was talked about with the Solicitor but she told my husband that if he had to sign papers he would have to come to Spain. She also mentioned they have a few properties and clients they do this for. She had been my mother in laws solicitor for a long time in Spain and I know she trusted her but just wanted to see if this was normal practice. Thanks for your help.
That definitely sounds like Power of Attorney and not actually transferring the property into their name. Simply a signed document in front of a notary to allow them to act on your behalf, not to take ownership of the property.
marcliff wrote on Wed Apr 17, 2024 6:44pm:
That definitely sounds like Power of Attorney and not actually transferring the property into their name. Simply a signed document in front of a notary to allow them to act on your behalf, not to take ownership of the property.
Thank you for your advice and help.
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Posted: Thu Apr 18, 2024 6:53am
marcliff wrote on Wed Apr 17, 2024 6:44pm:
That definitely sounds like Power of Attorney and not actually transferring the property into their name. Simply a signed document in front of a notary to allow them to act on your behalf, not to take ownership of the property.
Hi Juliekiwi,
I 100% agree with Marcliff, I think this is Power of Attorney so that your solicitor can act on your behalf in Spain.
Your husband will need an NIE number of course to actually inherit the property outright and his name be put on the Escritura (Land Registry) which your solicitor will be able to advise on if your husband has not got one already, which will involve a trip to a Spanish embassy in the UK if you are resident there.
I hope all goes well.
Kind regards
Paul
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Thy Will Be Done wrote on Thu Apr 18, 2024 6:53am:
Hi Juliekiwi,
I 100% agree with Marcliff, I think this is Power of Attorney so that your solicitor can act on your behalf in Spain.
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Your husband will need an NIE number of course to actually inherit the property outright and his name be put on the Escritura (Land Registry) which your solicitor will be able to advise on if your husband has not got one already, which will involve a trip to a Spanish embassy in the UK if you are resident there.
I hope all goes well.
Kind regards
Paul
Thank you very much. That makes sense as she requested my husband get a NIE number which he has done. I will get him to double check with the solicitor and make sure it is power of attorney only.
Posted: Thu Apr 18, 2024 4:42pm
juliekiwi wrote on Wed Apr 17, 2024 6:31pm:
I thought it was a little strange, but her reasoning was if there is anything to sign for the Villa then she can do it. Unfortunately I wasn’t there when this was talked about with the Solicitor but she told my husband that if he had to sign papers he would have to come to Spain. She also menti...
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...oned they have a few properties and clients they do this for. She had been my mother in laws solicitor for a long time in Spain and I know she trusted her but just wanted to see if this was normal practice. Thanks for your help.
100% POA as i had this choice recently when i brought there a few years ago.
Posted: Thu Apr 18, 2024 5:16pm
Helpful member
juliekiwi wrote on Wed Apr 17, 2024 6:10pm:
My husband has inherited a Villa from his Mum who has sadly passed away. He has been advised by her Spanish Solicitor that the Villa is to be put in the Solicitors name and that it is normal practice when clients live in another country. They have said it makes life a lot easier when dealing with...
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... anything to do with the property. Is this correct? Thank you
Perhaps they mean POA but thats no longer viable after Mums death....unless its different in EU. I've had the foresight to award my 2 x children my house by registrating my will in Spain.
Good luck but be wary!
Posted: Wed Apr 24, 2024 1:01pm
Legendary helpful member
20kiki wrote on Thu Apr 18, 2024 5:16pm:
Perhaps they mean POA but thats no longer viable after Mums death....unless its different in EU. I've had the foresight to award my 2 x children my house by registrating my will in Spain.
Good luck but be wary!
The POA is to enable the abogada to act on behalf of the husband, not the mother. You are correct that any POA ceases on the originator’s death, ie in this instance, the mother, but this is different to the POA being proposed on behalf of the inheritor, thus enabling abogada to act for him.
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