AN HEIR CAN BE SENTENCED TO RETURN AN INHERITANCE FOR FAILURE TO COMPLY WITH THE TESTATOR’S WILL

A singular judgement of the Provincial Court of La Coruña of 2 February 2021 sentenced a husband to return an inheritance bequeathed to him by his deceased wife because he had failed to comply with the condition imposed in her Will of not remarrying. Consequently, the husband was ordered to return the assets received as inheritance, declaring null and void any transfers he may have made and any registry entries.

The case in question is particularly strange since the husband had not actually remarried after his wife’s death but had cohabited with another woman for a long time, behaving socially as a couple with all the appearance of an actual marriage including sharing a home. On his second partner’s death, the defendant even described himself as her husband on her gravestone.

Consequently, the court declared the first wife’s two brothers as her heirs, annulling all the property transfers that the husband had made from the inheritance he had received from her.

LIVING WILLS AND THE RIGHT TO A DIGNIFIED DEATH

On 25 June 2021, the new law 3/2021 of 24 March regulating euthanasia in Spain comes into force in Spain. This law is a very important milestone in our country since from its entry into force, in certain circumstances and under conditions set out in the law (medical supervision and health professionals), one can voluntarily end one’s own life (active euthanasia). Continue reading “LIVING WILLS AND THE RIGHT TO A DIGNIFIED DEATH”

HOW TO ENSURE AN EFFECTIVE EVICTION

Quite frequently we have consultations with client homeowners who have rented their properties using standard contracts that they have acquired for themselves or through an intermediary. When including the tenants’ details, they often pay little attention to details especially regarding tenant contact details so as to be able to send them important notifications in the future, perhaps about late or non-payment of rent when they are occupying the property. Continue reading “HOW TO ENSURE AN EFFECTIVE EVICTION”

MUNICIPAL PLUSVALIA: 6 REASONS TO CANCEL THIS LOCAL AUTHORITY TAX

It is a common occurrence that someone sells a property and a few months later receives a large bill for this tax. Sometimes, the amount of this tax is retained by the buyers and withheld for them to make the payment later, especially in those cases where the seller is a non-resident of Spain. Now, a recent Supreme Court ruling 1689/2020 of 9 December has declared this municipal tax null and void when the tax due wholly matches the increase in value of the land.

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NEW RENTAL MEASURES

Royal Decree 35/2020 & 37/2020 of 22 December 2020

The government recently published a package of measures relating to rentals to deal with the crisis caused by the Covid outbreak, and following is a summary of some of the most relevant:

Suspension of evictions and other repossession procedures 

In respect of eviction procedures for non-payment of rent and/or expiry of the lease period, the tenant has the possibility of requesting the suspension of the procedure. The suspension must be requested and will not be agreed upon ex officio by the Court. The suspension will last for the duration of the state of alarm and any extensions.

Continue reading “NEW RENTAL MEASURES”