Legal advice for clients with interests in Spain.
Counsel for Spanish property and inheritance, expatriate families, cross border disputes and the coordination of English and Spanish proceedings.
Spain is where a very large number of British families hold property, retire, raise children and eventually die, and it is also where a great deal of avoidable legal difficulty is created. The system is different in structure rather than just in language. Succession tax is charged on beneficiaries and varies by region. Property transactions run through a notary. Court timetables and procedure do not resemble the English model. Advice given on English assumptions is usually wrong.
Clerk&Counsel introduces independent barristers, regulated by the Bar Standards Board, including a barrister within one of our panel chambers who has an established practice in Spain and works regularly with clients navigating both systems. That combination means you can take English law advice and a realistic view of the Spanish side without starting again with two separate sets of advisers who never speak to each other.
We take instructions from solicitors, from Spanish lawyers acting for clients with English issues, and directly from individuals under the Public Access scheme, whether they live in England or in Spain. Conferences are by video where that is easier, and fees are agreed in writing before any work begins.
Matters with a Spanish element that we cover.
- Spanish property held by British owners, including jointly owned and inherited property.
- Inheritance and succession involving Spanish assets, Spanish wills and Spanish succession tax.
- Estates where the deceased lived in Spain but retained an English domicile, or the reverse.
- Family cases involving parents in different countries, relocation to or from Spain and cross border contact.
- Child abduction cases between England and Spain under the 1980 Hague Convention.
- Financial remedy cases where property, pensions or businesses sit in Spain.
- Commercial and contractual disputes between English and Spanish parties, including jurisdiction questions.
- Recognition and enforcement of English judgments and orders in Spain, and of Spanish decisions here.
Property and inheritance in Spain.
The recurring problem is an English will that was never designed for a Spanish asset. Spanish property is dealt with under Spanish succession rules unless a valid election of national law has been made, and even where an election has been made it has to be expressed properly. Families often discover the gap only when the property cannot be sold and the tax deadline is approaching.
Succession tax in Spain is charged on each beneficiary rather than on the estate, and the allowances differ substantially between the autonomous communities, so the same family can face very different bills depending on where the property is. Payment deadlines are short by English standards, and interest and penalties build quickly.
Counsel advises on the English law position, on domicile and its consequences here, and on how the two processes should be sequenced, while working with a lawyer or notary in Spain on the Spanish requirements. Where there is a dispute between beneficiaries, counsel can advise on whether the fight belongs in England or in Spain, which is often the single most important decision in the case.
Children and finances across the Spanish border.
Many British families split their lives between the two countries, and separation makes that untenable. One parent wants to stay near the school and the friendship group in Spain. The other wants to come home. A child who visits grandparents in England for the summer is not returned. Each of those scenarios has a legal answer that depends on habitual residence and on which court is seised first.
Both countries are party to the 1980 Hague Convention, so where a child is wrongfully removed or retained a summary return application is available and is expected to be dealt with quickly. Where a parent wants to relocate lawfully, the application has to be built around a realistic plan and a funded, specific contact schedule. Counsel can act on either side.
On the financial side, Spanish property, Spanish pensions and businesses trading in Spain all have to be valued, disclosed and, if an order is made, actually enforced. Counsel will advise on what an English order can realistically achieve against a Spanish asset before you spend money securing one.
Running two systems without contradicting yourself.
The most expensive mistakes in cross border work come from positions taken in one country that undermine the case in the other. A statement about where you really live, made for tax reasons, reappears in a domicile dispute. An agreement signed in front of a notary is treated as settling something the English court was still being asked to decide.
Counsel's role is to hold the strategy together: to identify which questions belong to which system, to keep the factual account consistent, and to make sure the English steps are taken in an order that supports rather than damages what is happening in Spain. Where you already have a Spanish lawyer, counsel will work with them directly rather than through you.
Fixed fees and clear staging.
Written advice is quoted as a fixed fee against the papers and is almost always the right first step in a matter with a Spanish element, because it tells you which country the real fight is in. Drafting is also fixed fee, and contested work is staged so you commit to each step knowing the cost.
Hearings are quoted as a brief fee plus refreshers. Clerk&Counsel's service fee of up to £150 depending on urgency is shown separately from counsel's professional fee before you decide. There is no charge to make an enquiry.
Specialist areas within this practice.
Tell us what is happening in Spain.
Send a short outline of the property, the family situation or the dispute, and where everyone is based. We will come back with counsel options and a fixed fee for advice.
Common questions.
Can an English barrister advise on a matter in Spain?
Counsel advises on the English law elements, on strategy across both countries, and on how an English claim or order interacts with the Spanish system. Where Spanish law itself has to be applied, that is dealt with by a lawyer qualified in Spain. Our panel includes a barrister with an established practice in Spain who works with clients on both sides, which removes much of the translation problem families run into.
Does my English will cover my Spanish property?
Not reliably on its own. Spanish succession rules apply to property in Spain, and although an election of national law may be available, that election needs to be made properly and in the right document. Most people with a Spanish property are better served by a Spanish will covering Spanish assets, drafted so that it does not revoke the English will.
Why is inheritance in Spain more complicated?
Because it works on a different model. Succession tax is payable by each beneficiary rather than by the estate, rates and allowances vary between the autonomous regions, deadlines for payment are short, and the property cannot usually be dealt with until the process is complete. Families who assume it will run like an English probate frequently miss deadlines and pay more than they needed to.
What if my children live in Spain and I live in England?
That is an international children case. The questions are which country's courts have jurisdiction, where the children are habitually resident, and how contact will work in practice across the distance. Both countries are party to the Hague Convention, which matters a great deal if a child is not returned after a visit. Counsel can advise on the English proceedings and coordinate with lawyers in Spain.
Can I instruct counsel directly if I live in Spain?
Yes. Public Access counsel can advise and draft for clients living in Spain, with conferences by video. Where the case requires a solicitor on the record here, or a Spanish lawyer for the Spanish process, we will say so at the start and help you put the right team together.