Navigating English probate for Spanish property causes friction in Spanish notarial and registration practice for one simple reason: the two systems start from opposite assumptions about how to prove a valid succession.
On 28 January 2026, the Spanish Central Economic-Administrative Tribunal (TEAC) issued a unification decision (00/09964/2023/00/00) that clarifies, in unequivocal terms, the legal boundary between two distinct anti-avoidance doctrines that have
Here’s a question that might make you spit out your tea (or café con leche): Which country is most similar to Britain? If you guessed Denmark, Sweden, or perhaps Canada,
Spain’s National Court has rocked the world of Spanish real estate taxation with a decision that stands to benefit thousands of non-EU landlords and international investors. In July 2025, the
A groundbreaking resolution from Spain’s Directorate-General for Legal Security and Public Faith, issued on 4 August 2025, has provided crucial clarification for STEP practitioners managing cross-border estates between the UK
Debunking myths about wealth and Spanish tax residency. Spanish tax expert León Fernando del Canto argues that Spain can be an attractive tax jurisdiction for wealthy foreigners who know how
The impact of Golden Visa on Spain’s real estate landscape. In the 3rd quarter of 2023, Spanish real estate experienced a notable surge in foreign demand, particularly fueled by the
10 compelling reasons to buy in Sotogrande. Buying a new home can be one of the most significant decisions you’ll ever make, but it doesn’t need to be the most
Moving to Spain from the UK in 2021. Spain has long been a favourite destination for Britons seeking a life abroad with around 360,000 registered as permanent residents. Following Britain’s
Del Canto Chambers has written an article in top wealth management publication, Wealth Briefing, explaining how the pandemic has prompted high net worth individuals to consider their options. Del Canto
Living in Ibiza and paying the right taxes. Property Taxes and Legal issues in Ibiza – non-Spanish residents living in The Balearics Islands need to be aware of Spanish legal
If you have purchased an off-plan property in Spain before the 1st of January of 2016, this might be your last chance to claim back your deposit and other amounts
Justice on the Costa Del Sol. Mortgage contracts on Spanish properties have been a headache for British borrowers for some years now, due to the abusive nature of Spanish bank
Mortgage expenses “to be refunded in full”. Once again, the ECJ corrects the jurisprudence of the Spanish Supreme Court, on this occasion with regards to the mortgage expenses and the
Spain’s back to normal, slowly but surely. It is three months since the lockdown began and there has now been some lifting of restrictions in Spain’s reopening plan. Starting 21st
The European Court of Justice ruling on IRPH Spanish mortgage loan clauses. The court handed down judgment on 3 March 2020, granting consumers affected by the index reference for mortgage
Sting in the tail for Spanish property buyers. It was recently reported that over 5,000 properties in Spain are owned by international investors, the majority of which are UK residents.
Parliament of Andalusia approves a Decree to legalise illegal properties. The Andalusian Regional Government approves a Decree to put an end to over 300,000 properties that were built outside the
Spanish Tax Authority Looks at Foreign Property Owners. International tax barrister Leon Fernando Del Canto discusses the growing interest of the Spanish tax authorities in ownership of properties through international
Spain cracks down on ‘aggressive tax planning. “There are more than 5,000 private Spanish properties valued at over £1m owned by foreign investors, most of which are UK residents. The
Understanding tax on your Spanish holiday home If you aren’t a resident of Spain, you may struggle to understand the Spanish tax you need to pay on your holiday home.
In 2005, Darren and Mary used their savings to buy a flat in a housing development in Málaga, like many Britons looking for a chance of having a second home
The new strategy of banks: request the testimony of the borrowers. Banks are up against the wall. Especially with regard to floor clause claims. The Bank’s chances for obtaining a
The OCU appeals the decision of the CGPJ to create specialized courts for floor clause claims. This isn’t the first time that from Del Canto Chambers, we inform on the
The claims service of the Bank of Spain has been overwhelmed by consumers making complaints against lenders for abusive mortgage interest floor clauses, and set-up costs. The Claims Service of
The Decision has already aroused the first controversies in the Spanish legal scene and in the Consumers Associations that will undoubtedly raise this case to the European Court of Justice
As was expected after EU Court of Justice ruling in December of 2016, Spanish banks have little hope of defending themselves against legal claims brought by clients with abusive clauses
International company structures established in decades gone by to help wealthy owners of property in Spain avoid tax are now a ticking time-bomb as the Spanish tax authorities set their
In the old days – when it comes to floor clauses when I say “in the old days” I mean 2013-, floor clause matters were settled in Commercial Courts; one
The Balearic Islands has approved by Decree Law the modification on the rental of touristic accommodations. In this way, the number of visitors to the islands is limited and the
Recently we published an article with regards to court claims in mortgage expenses (Notary fees, Land´s Registry fees, Property Appraisal and management costs among others). Furthermore, a First Instance Judge
In the past seminar called Protección del consumidor en la contratación hipotecaria (Consumer Protection in mortgage contracting) that took place in Santander from 19 to 21 July, the notaries are
Spain will incorporate to its legislation the Directive 2014/17 CE of 4th February 2014 on credit agreements for consumers relating to residential immovable property. It means that banks will have
It’s just a matter of time that UK expatriates in Spain receive a notification from the Spanish Inland Revenue (Hacienda); claiming unpaid taxes for the last four tax years (tax
The ground court courts receive almost 2000 lawsuits in one week through Lexnet, we read on June 13 at ConfiLegal. But what exactly is Lexnet and what is it used
Regarding the costs of the trial Paying legal costs even if having good chances for winning a case against banks, may be deterrent rather than effective and may prevent consumers from
In this article, Antonio Gabriel Aguilera talks about, the so-called “floor clauses” and explains that it is a current and unstoppable phenomenon affecting millions of clients in the whole Spanish
If you are one of those that are doubting about starting a complaint for overcharged mortgage interest against your bank, probably, many doubts will arise before contacting a professional firm.
Now, time is essential for a successful reclaim of your off-plan property deposit. One of every five houses bought by foreigners in Spain, belongs to British Buyers; however, some
Touristic Lettings in Andalucía: What should we know about… Touristic Lettings are significantly increased during the Summer. If you are one of those thinking about renting your property for touristic
Capital gain, cadastre and taxes increase the final price of housing by 25% The calculation of the municipal surplus value and the increase of the value of the land by
A ruling of the provincial Court of Madrid annuls the IRPH banking The Provincial Court of Madrid annuls the IRPH of a mortgage loan for abusive following the doctrine that
The TS recovers its old doctrine on the transparency of the floor clauses The Supreme Court issues a new ruling on the floor clauses in which it tightens the requirements
The Parliament of the Balearics will discuss modifying the standard of tourist rentals The Balearic parliament will urgently discuss a bill to regulate tourist rentals on the islands and ensure
Floor clauses: Also a nightmare for British residents in Spain It is estimated that around 200.000 British residents in Spain own properties with mortgages containing floor clauses that could be
SOCIMI: Real Estate Investment Companies The tax advantages offered by the #Socimi make these companies a safe investment vehicle in Spain, sponsored by the improvement of the real estate market
Recovering deposit paid for Spanish properties British tourists at the end of the 90’s started to dream with a home in Spain. Banks were happily lending money to make the
The black spots of the floor clauses’ extrajudicial procedure The extrajudicial process for the refund of the floor clauses leaves the consumers defenceless by making stealthy changes to their procedural
British owners in Spain can reclaim their lost money on off plan properties After recent legal changes in Spain, buyers have the right to get back their property’s deposits on
War between banks and consumers for the return of the floor clauses Banking and government delay compliance with ECJ ruling. The Minister of Justice, Rafael Catalá, recently announced that specialized
Del Canto Chambers is confident on the floor clauses’ claims refund Our Managing Partner, León Fernando del Canto, has been quoted in an article, published by The Times, on the
Del Canto Chambers thought as the well-placed firm to claim back for floor-clauses mortgages The specialised website Spanish Property Insight has published an article, by market analyst and consultant Mark
Side B of the #floorclauses extrajudicial procedure The #floorclauses extrajudicial procedure favours the banks instead of consumers As anticipated in our article “Floor clauses and smoke curtains”, the #floorclauses extrajudicial
How to claim for floor clauses mortgage loans’ expenses and other void credits Floor clauses’ sentence triggered legal claims to recover mortgage’s arrangement fees and costs of mortgages loans affected
Taxation of amounts returned by floor clauses Customers who receive their refunds of floor clauses may have to pay for them, depending on the deductions applied at the time. The
Del Canto Chambers considers like a “smokescreen” the floor clauses’ extrajudicial process Our Managing Partner, León Fernando del Canto, has published an opinion article in the journal Huffington Post in
Investment triangle between government, companies and investors in SID 2017 The event “Spain Investors Day” celebrates a new edition in Madrid and brings together foreign investors with the government and
Del Canto Chambers bets for Spain as British housing investments’ destination Our Managing Partner, León Fernando del Canto, has published statements in the British magazine Expat Network in which he
The banking sector strikes back: mortgage loans increase after the ruling of the CJEU Spanish banks will increase credit to cope with a Euribor still at record lows and the
The Government will pass a procedure for floor clauses refund In view of the predictable wave of claims following the ruling of the CJEU, the government will provide banks with
The United Kingdom’s investments in the Costa del Sol increases despite Brexit Brexit’s uncertainty does not stop British hedge funds’ investments in the Costa del Sol’s luxury housing market, with
A court recognizes the floor clauses’ total retroactivity A Basque court recognizes the floor clauses’ total retroactivity a few days before the CJEU’s final sentence. The costs for the banks
1-12-2016 | SILVER SURFERS Our Managing Partner, León Fernando del Canto, has published a statement in the magazine Silver Surfers in which he advises Brexpats who own a property in
The Spanish economy is improving despite the eight months of a caretaker government. Although there is uncertainty about its sustainability, in Del Canto Chambers we are confident in the ability
A new wave of massive trials against Spanish banks is coming because of the investors’ lost money by property developers during the Spanish housing bubble. Spanish banks are facing a
Our Managing Partner, León Fernando del Canto, has published a new article at New Law Journal titled ‘Holiday hell’. This article analyses how the later CJEU’s Advocate General’s opinion on
Our Managing Partner, León Fernando del Canto, published an article in the journal of luxury property Prime Resi on the subject of the ECJ’s Advocate General’s opinion on floor clauses
26-07-2016 | PRIME RESI The digital Media specializing in real estate, Prime Resi, published an article by our Managing Partner, Leon Fernando del Canto, on the recent decision of the Advocate
The British newspaper The Times has published an article by León Fernando del Canto on the consequences, for British citizens owning a property in Spain, of the ECJ’s advocate-general’s decision
21-07-2016 | THE TIMES The well recognized newspaper, The Times, published an article by our Managing Partner, Leon Fernando del Canto, on the consequences for British citizens who have property in
The CJEU’s Advocate General’s line on floor clauses and the Brexit’s economic consequences corners Del Canto Chambers’ reporting work last seven days. The work at Del Canto Chambers has been
Spanish Golden Visa, the most secure scheme to put a foot in Europe: Spanish Act 14/2013 of 27th September, known mainly for containing the Spanish Golden Visa scheme, was issued
13-07-2016 | BLOOMBERG The prestigious financial newspaper Bloomberg published an article by our Managing Partner, Leon Fernando del Canto, on how they are prepared Spanish banks for the effects of the
The time to buy Spanish real estate and obtain the Spanish Golden Visa is running out. According to the figures from the Spanish Ministry of Development, the stock of new,
Spanish banks are getting ready to face the next CJEU’s Advocate General’s opinion on floor-clauses’ effects by implementing “zero-clauses” and by growing fixed interest mortgage’s sellings up. The next CJEU’s
As if all the people were not awaiting for it, the Court of Justice of the European Union (CJEU) has announced to delay its Advocate General’s line on floor-clauses that
The Spanish Bankxit is a concept that is born from a sentence of the Spanish Supreme Court limiting in time the right to recover the amounts paid to the Spanish
Next July 12 will be decisive for the future of much of the Spanish banking sector and for millions of both Spanish and foreign consumers affected by the mortgage-floor clauses.
In the 60`s REITs (Real Estate Investment Trust) were born in the US, with the goal of making large-scale investments in real estate accessible to small investors. The formula chosen
After 7 years of real state inactivity in 2014 International Funds came back, transforming Spain into a hot market for commercial property investments again. In 2014, investments in non residential
In order to obtain a Spanish Residency permit by means of the Spanish Golden Visa scheme, you must make an investment in Spain. However, not just any investment will do.
Although the Golden Visa scheme, included in the Spanish Entrepreneur’s Law of September 2013, is aimed at obtaining foreign investments, it also works the other way around A whole fifteen
In this interesting article published by Tax News-Global Tax News and written by Ulrika Lomas, the author discusses how real seems to be the positive forecast of increasing possibilities for
As published in Conflict of Laws website by Marta Requejo, one year after the expiry of the deadline set by the Directive 2008/122/EC of the European Parliament and the Council
The European Commission has been very active during the last years regarding Spanish Tax position when a non resident element is involved. Our posting today deals with a matter involving
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