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Tenerife Wills

Casa
España
Adeje
Tenerife Wills

Legal firm based in Tenerife, we are english speaking spanish solicitors

02/06/2022

The Foreigners' Office or the Consulate has refused my residence permit to enter Spain or my visa for which I have applied. ¿Can I appeal against this decision? ¿How?

Yes, the administrative procedure is only a first stage before going to Court, which, in many cases, is more protective to your rights than the Administration, analysing all the details of your case in detail.

Moreover, even if both the Immigration Office and the Consular Administration (if applicable) do not resolve the case and there is silence in your case, you can appeal this silence (which is negative) to go to the Courts in search of justice.

You should bear in mind that if you have applied for a visa or residence permit and are still in Spain, you can request a precautionary measure to continue staying in Spain until your case is resolved.

24/05/2022

Can I fly to Spain if I have been sentenced to a fine or convicted in criminal proceedings?

Crimes such as drug trafficking, fines or convictions for driving under the influence of alcohol, injuries or assaults, violence against women, etc. can lead to a financial fine or an arrest warrant in Spanish territory, especially when a person comes as a tourist to spend a few days on holiday in Spain.

In these cases, it is advisable to speak to a lawyer to ask the court about the judicial process in which you were involved and to find out if the fine is still in force and if there may be any problems in gaining access to Spain or not.

Do not hesitate to consult us at Tenerife Wills ([email protected]) if you have this problem.

20/05/2022

I have a rental agreement over my property in the Canary Islands (Tenerife) and I live in Doncaster (UK). Currently the tenant has not paid my rent for 3 months.
¿Can I terminate the contract?

Sure you can do it. To terminate the contract you must go to a Spanish lawyer to formally request payment of rents to the tenant and file a civil action for eviction for non-payment.

In such proceedings you will be able to obtain a sentence in which not only will a date be set for the tenant to leave the flat, but also a sentence for the months for which payment has not been made.

The filing of this civil action requires the mandatory presence of a lawyer.

18/05/2022

¿What documents are needed to obtain a self-employment visa in Spain?

Apart from the consular fees established for this purpose, you will need a well-justified business plan which should include aspects such as what would be the differentiating element of your business and to what extent you are going to contribute to the Spanish public coffers.

This will take into account aspects such as the surface area of the business premises and a real forecast of hiring employees in the medium term.

It is a procedure subject to certain discretionalities of the Consular Administration, so all the requirements established by the Law must be met, as well as other evidentiary elements that complement the project to be undertaken and that add differentiating aspects that make the application successful.

17/05/2022

I have a rental agreement over my property in the Canary Islands (Tenerife) and I live in Doncaster (UK). Currently the tenant has not paid my rent for 3 months.
¿Can I terminate the contract?

Sure you can do it. To terminate the contract you must go to a Spanish lawyer to formally request payment of rents to the tenant and file a civil action for eviction for non-payment.

In such proceedings you will be able to obtain a sentence in which not only will a date be set for the tenant to leave the flat, but also a sentence for the months for which payment has not been made.
The filing of this civil action requires the mandatory presence of a lawyer.

16/05/2022

In 2005 I signed a timeshare contract in Malaga, whose annual maintenance costs or fees are high and I want to stop paying. ¿What can I do?

It is highly recommended that you consult a lawyer. From 2015 onwards, Courts have been declaring some timeshare contracts null and void if they comply with certain omissions that the Spanish Timeshare Law declared obligatory to mention.

Many timeshare resorts have abused very aggressive sales techniques and have left out certain aspects in the contracts that were signed that by Law are obligatory to mention.

The consequence of this is that not only is the buyer entitled to declare the contract null and void, but also to receive the money paid as the purchase price (in proportion to the remaining years of the contract) and to stop paying the maintenance fee.

12/05/2022

¿Is it mandatory to settle Inheritance Tax to inherit a timeshare in Spain?Yes, whether it was acquired in a private document or in a public document (before a Notary Public).

The timeshare has an economic value and can be transferred to third parties on the market, so it must be reflected when receiving an inheritance in Spain and taxes must be paid based on the total value of the inheritance.

To this end, it is advisable to know in advance which inheritance documents the beneficiary of the inheritance would need in order to process the inheritance.

These include the death certificate, the certificate of last will and testament, made in Spain or in the country of origin. In the absence of a will, you will need to obtain the title or document that certifies who the heirs are according to the law of your country (Erbschein, Probate, etc.).

For further queries, do not hesitate contacting us at [email protected]

04/05/2022

Is a pre-nuptial agreement in anticipation of a break-up valid in Spain?

There is no express legal provision, but they are admitted and accepted in Spain.

It is recommended that they be signed in order to regulate the economic and personal consequences for the future spouses and to avoid undesirable consequences in the future in the event of disputes that would entail a very hard economic and personal effort for the spouses.

The formal elements of the agreement must be respected, i.e. it must be signed before a Notary Public and duly registered in the Civil Registry.

Transparency and agreements based on the principle of balance between the parties will allow both spouses to enjoy legal certainty in the event of possible eventualities.

In this office we are familiar with the preparation of this type of agreements (even bilingual), so please do not hesitate to contact us at [email protected].

04/05/2022

Hi to everyone! We are a legal firm based in Tenerife, we are english speaking spanish solicitors

Contact us!

Dirección

Avenida Barranco Las Torres, 26 Av. Barranco Las Torres, 26
Adeje
38677

Horario de Apertura

Lunes	09:00 - 17:00
Martes	09:00 - 17:00
Miércoles	09:00 - 17:00
Jueves	09:00 - 17:00
Viernes	09:00 - 17:00

Teléfono

+34922020306

Página web

http://www.tenerifewills.com/

Notificaciones

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