News

JMS Lawyer

  A particular clause or agreement within Spanish law, called “arras penitenciales”, allows either party in a contract to breach the contract with more limited liability than is normal. It is something to be wary of when purchasing property in Spain.   What are the “arras penitenciales”? There is...

Update on Inheritance and Donation Tax in Spain and Brexit. Old advice on Inheritance and Donation Tax after Brexit I recently published two articles about Brexit and Inheritance Tax which you can read here and here, advising that making donations of Spanish property to spouse and children before Brexit could...

  The EUCJ decided on the December the 21st of 2016 Ruling on some queries made by Spanish courts regarding the possibility to force the banks which applied abusive floor clauses to customers to pay back to them all the monies that the banks charged as excessive...

  Current situation on the plusvalia tax in the Spanish conveyancing system Introduction The plusvalia tax is a complex and delicate issue from a legal point of view. Below, I have tried to give a simplified summary of the current situation. I also give my adive if you...

Early Cancellation Stipulation The European Union Court of Justice’s General Attorney recommends to delcare them null and void in full. The consequence is that this stipulation do not exist. But the rest of the contract remains in force. You can read the article in Spanish here. Usually,...

  This article describes two abusive banking practices with regards to the life insursances mis-sold by banks and linked to mortgages. The banks do not paid the insurance compensations. The banks do not claim either themselves as beneficiaries of those life insurance policies. This way the...

  Many UK citizens with Spanish property are concerned about what will happen when Brexit comes into force, especially with regards to Spanish Inheritance Tax. Will it change? It will indeed - unless new regulations are already agreed and in force at that time, Inheritance Tax...

  Is it necessary or advisable to make a new will or to make a will due to the Brexit? Legal query Do I have to make a new will? Or Do I have to make a will? Many clients ask this questions due concerned by the Brexit...