I need to give my brother permission to deal with our mothers (in Spain) estate as she didn’t leave a will. Is this a legal document or can I just draft a letter?
Answer: In order to give permission to your brother to deal with your mother intestate (no Will), your brother needs a Power of Attorney from you to legally act on your behalf in this way.
This Power of Attorney (POA) is a legal document that can be signed in:
– Any of the Spanish Consulates in UK
– An UK notary (Solicitor is not valid).
In this last case, the POA:
1.- It must be completed with the name and address of the the notary.
2.- All the pages must be signed and stamped by the notary, and joined by the official notary’s seal.
3.- Once the POA is signed, it must be sent to obtain La Hague Apostile. This “Apostile” is an stamp that the Foreign Office gives to any public documents in UK to give them international validity. So, after signed the POA it must be sent to the Foregin Office to get it apostiled.
4.- Once the document has the Apostile, must be translated into Spanish by an official translator.
If the POA is obtained in the Spanish Consulate, it will not be necessary to translate it, neither to get the Apostile, since it would be redacted and formalized in a public Spanish institution.
Also, if you contract our services, we will make all the translation service, Apostile and others, saving you expenses in this process, and the time to get all these requirements sorted.
In addition to this, please, pay attention in that you and your brother must have the NIE number to complete the inheritance. This is a number which identifies you to the Spanish Tax Authorities. Is issued by the National Police . The number is necessary for practically any transaction in Spain, such as paying taxes, opening a Bank Account, buying a property or car, or the arrangement of a mortgage, or, as in this case, to form part of an inheritance and pay the Spanish Inheritance Tax.
You can obtain this number in one of the following ways:
– In any of the Spanish Consulates in UK
– Directly, and in person (POA is not valid), in a National Police Station in which the inheritance is being developed.
Click in the following link for more info: http://www.spanishsolicitors.com/what-is-a-n-i-e-number/