Gimbrere Legal

When you think of real estate, you may not immediately think of a lawyer. However, a real estate lawyer is there to advise you on all aspects of real estate.

Real estate law is a very broad area and has many interfaces with public and private law.

The moment you rent a property, you automatically have to deal with the leasing law. You will also have to take care of this when renting a house, a store or a hotel. Need help with a lease or property maintenance? Do you want to know how subleasing and co-leasing works? Or have you received a letter telling you that you have to leave your property?

A construction or renovation process usually involves many different parties. Therefore, it is very important to reach solid agreements prior to this process. However, if problems arise, it is advisable to hire a lawyer specialized in real estate law to safeguard your rights.

In short, real estate law covers everything related to the (re)construction, (re)development, operation and management of real estate.

The lawyers at Gimbrere Legal specialize in real estate law and work closely with our specialists in labor and business law.

We are specialists in real estate transactions for the purchase and sale of properties for housing or commercial purposes. We will assist you in the complete process of acquiring a property. We can also advise on real estate investments. Please contact us so we can help you.

Inheritance law, inheritance and wills

Spain has different legislation than the Netherlands. Good to know when you are going to live in Spain and you want to get married and have children there. But less pleasant matters such as divorce and alimony are also regulated differently in law than in the Netherlands. It is nice that you can get support from the Dutch-speaking advisors of Gimbrere Legal.

And what should you do in the event of a death in the family in Spain? What about inheritance, inheritance rights and making a will? What if you yourself are an heir? All questions you may face. At Gimbrere Legal, you have come to the right place for the answers.

Possessions in multiple countries

In the Netherlands, grandparents have a vacation home and in Luxembourg some money in the bank. When they die, their heirs almost certainly face the question: which law applies to the inheritance? The law applicable to the inheritance need not necessarily be the law of the testator’s nationality. Indeed, if the testator was resident abroad for a considerable time prior to his or her death, the law of the country of last habitual residence may also apply. In short, an issue that involves Private International Law.

Private international law is the collective term for a range of referral rules contained in treaties, regulations and laws. We have knowledge of both Dutch and Spanish Private International Law and will be happy to assist you with any questions you may have. Even if you want to know how best to arrange things for later we will be happy to assist you.

Difference Spain and the Netherlands

Inheritance law is a difficult and important area of law. It is therefore very important that you, as Dutch people in Spain, are well informed on this subject. But also on related matters such as wills and inheritance taxes.

We can advise you on inheritance tax in Spain as well as in the Netherlands. And what modifications are desirable in an existing will. If necessary, we will make a (bilingual) will for you according to Dutch inheritance law, with an apostille from the Court.

Verschil Spaans en Nederlands Erfrecht

Which inheritance law actually applies? That of the Netherlands, that of Spain or both countries? And what exactly are the differences between the Netherlands and Spain in terms of inheritance law. Get advice from our lawyers or read more about the differences between Spanish and Dutch inheritance law.

Gimbrere Legal advises you on inheritance law, inheritance taxes and wills.

Inheritance tax

You inherit something from someone in Spain. So when do you have to pay inheritance tax in Spain? You must pay inheritance tax if there is property located in Spain. For example, a home or a bank account, even if the heirs live in the Netherlands.

For heirs living in the Netherlands, Spain applies the national rate. You must pay Spanish inheritance tax within 6 months of death. Postponement is possible but the request for this must be made within 5 months of the date of death. We can request this for you. We may also request payment in installments.

In principle, an estate containing a home must also be settled before a Spanish notary. This is often a requirement of the property registry to proceed with naming. At the Spanish notary, you must provide translations of the documents. We screen this as much as possible so you save costs with this.

Inheritance with home

When settling an estate, you must provide the following documents:

• Death certificate (international version), bearing an apostille;
• Excerpt of Spanish Register of Wills;
• An extract from the property register (if home);
• Een certificaat van de bankrekening met het saldo op het moment van overlijden;
• Een testament en eventuele verklaring van erfrecht;
• An NIE number of the heirs.

In general, all official documents must have a certified translation into Spanish and an apostille (completed stamp). The valuation of the home, for example, is also important.

Inheritance

The inheritance lawyers of Gimbrere Legal advise in settling the estate of Dutch people in Spain. Verwerpt iemand een nalatenschap? The lawyers at Gimbrere can assist with that, too. They know exactly what steps to take.

An estate in Spain can often cause problems for Dutch people (in Spain). People are often unfamiliar with Spanish law and unaware that in most cases they have to pay inheritance tax in Spain.

Legitimate

In turn, Spanish notaries do not understand Dutch law. For example, it is incomprehensible to a Spanish notary that under Dutch law it is possible to attach conditions to a legacy (the legal inheritance). For example, that legacies may be claimable after the death of the survivor. Our inheritance lawyers will be happy to advise you on the following aspects:

• Inheritance with residence;
• Excerpt of Spanish Register of Wills;
• Uittreksel eigendomsregister;
• Bank account certificate;
• Testament met of zonder verklaring van erfrecht.

Inheritance tax in Spain

Current Spanish law (ley de sucesión) exempts people from inheritance tax on inheritances lower than 16,000 euros. In general, there are no major estate tax exemptions when assets go to a partner or family members.

This amount seems on the low side but applies to each individual heir. So not for the total estate. If the joint value of a married couple’s house is 110,000 euros, then each partner is 55,000 euros. If the couple has three children, then divide this 55,000 by four (= 13,750). Because that is less than 16,000, the children and partner do not have to pay inheritance tax in Spain on this.

Heirs under age 21 can receive an exemption of up to 48,000 euros. Elk jaar dat men jonger dan 21 jaar is betekent 4.000 euro minder vrijstelling. This rule applies until age 13. The mentioned exemptions apply to inheritance between parents, children, spouses, siblings. Uncles, aunts, cousins and nieces are entitled to exemption for amounts under 8,000 euros.

Shorter or longer than 10 years in Spain

In Spain, a Dutch testator who has lived in Spain for less than 10 years at death is considered a resident of the Netherlands. This means the heirs must pay inheritance tax according to Dutch rates. Did the testator live in Spain for more than ten years? Then certain assets left behind in the Netherlands (including real estate) are also subject to inheritance tax.

Unmarried couples

There is no common law in Spain as there is in the Netherlands. An unmarried cohabiting couple with children cannot derive any rights from this. No legal relationship exists for Spanish law and considers the children to be children of a single mother. The mother is the sole parent in the legal sense. If the children’s father wants to leave parts of his inheritance to the children, they are not entitled to lower inheritance tax.

Exemption from inheritance tax residents in Spain

Spouse and children have an exemption of 95% (Andalusia 99.9%) of the market value of the property. The maximum exemption amount is 120,000 euros. Conditions are:

• The heirs have been official Spanish residents for at least three years.
• The home was the testator’s primary residence for the last three years.
• The heirs may not sell this property within 10 years of the testator’s death.

As an entrepreneur, it is inevitable that you will have to face issues related to corporate law, trying to optimally safeguard the interests of your company. For this reason, Gimbrere Legal ‘s team works closely with companies in the corporate, contractual, bankruptcy, civil and labor areas, among others. Whether you have certain conflicts internally in your company that need to be resolved, to drafting contracts, it is imperative that companies have legal advice and develop strategies for the resolution of such problems or administrative procedures.

Corporate law regulates the organization and formation of companies. Also its operation.

Gimbrere Legal ‘s team can advise you on the incorporation of companies in your country or abroad, as well as provide you with the legal support that the company needs once it is incorporated. Whether they are limited companies, joint stock companies, brunch, permanent establishments, etc.

For example, at the stage when the company is incorporated, the shareholders’ agreement can be concluded and, of course, the general terms and conditions of your company are drawn up. It is very important to know what kind of society you can and want to build, depending on the origin of the society and the country.

Gimbrere Legal is a law firm specialized in corporate and corporate law. Are you interested in incorporating your company outside your country to expand your business? Make sure you have a legal ally when making these important decisions. I reached the best possibilities for your company with Gimbrere Legal.

If you have a company in Latin America and want to expand your business to Europe, our lawyers will be able to suggest the best options for this process. We have already assisted many entrepreneurs from Gimbrere Legal Uruguay whose intention is to market their products or services in cities like Barcelona or in countries like Holland.

Contact us so we can assist you with your company nationally and internationally.

Gimbrere Legal ‘s criminal lawyers handle criminal cases for both individuals and companies. At every stage of the criminal process, our clients are professionally advised and assisted. Gimbrere Legal has extensive experience in the field of criminal law. We can assist you in the different situations in which you may find yourself in a criminal proceeding, and in the different types of crimes and misdemeanors.

Are you being investigated, accused, victim or witness in a criminal proceeding? And you want to know what to do? A Gimbrere Legal criminal lawyer can advise you in these situations. Do not hesitate to contact one of our specialists to assist you.

At Gimbrere Legal Barcelonawe have a team of experienced professionals in the area of immigration and foreigners.

Many times, these procedures can be tedious if you do not have adequate assistance.

If you are planning to migrate to Spain, for example, you will need a document called NIE (Número de Identificación extranjero). This document is issued to you for a long stay/residence in Spain if you are a European citizen and need this document to work, rent an apartment or buy a property, conduct business and establish a company.

If you are not a citizen of the European Community and do not have a European passport and wish to migrate to Spain, there are certain exceptions to which you can appeal in order to apply for a NIE or visas.

We can help you with other requirements for the Spanish Government’s immigration procedures. For example, do you want to make your partnership or marriage official before a notary? We can assist you.

Do you want to apply for citizenship? we can help you to process the files in Spain and Italy.

From Gimbrere Roma we provide assistance and advice to our customers all over Italy.

Are you a foreign citizen and want to settle in Italy? We can help you to manage your Permesso di soggiorno (Residence Permit) and other requirements of the Italian Government. Are you an Italian citizen and wish to reside in Spain? We can help you manage your NIE.

Are you a citizen of Latin America and want to expand to Europe? We can evaluate your case and help you. Are you a Uruguayan citizen wishing to settle in Europe? Gimbrere Legal Uruguay can help you.

Our interest is to build bridges between the countries where we are present, being able to facilitate the procedures and processes so that your objective is achieved. Contact us to evaluate your case.

Gimbrere Legal ‘s labor lawyers advise and assist you in labor law matters. Due to the increase in laws and regulations, it is very important for companies to keep abreast of the latest developments. Especially in the area of labor law. The approach of our labor lawyers is characterized by direct lines of communication, results-oriented advice and decisive action.

In addition, attorneys specializing in labor law can assist, among others, in the following areas:

• Employment contracts
• Payroll and social security
• Collective layoffs
• Employment regulation
• Representation in dismissal lawsuits or other claims.
• Occupational hazards
• Resignation of partners
• Dismissal of employees
• Permits
• Dismissals for economic reasons
• Reorganization of the company
• Contract drafting
• Settlement agreements

We can help you with these issues and more, whether you are an individual employee or a business owner. We can analyze your case and help you.

Our specialists will analyze your personal situation and propose practical solutions adapted to your needs.

At Gimbrere Legal, your interests are paramount. Our family law specialists think along with you and make sure you know where you stand. Family law attorneys can assist you in all personal and family law matters such as:

• Divorce.
• Mediations.
• Children.
• Tenure.
• Division of the community.
• Business and divorce. Dissolution of community property.
• International divorce.
• Pension.
• Inheritance law.
• International child abduction.

Our family law attorneys work closely with our specialists in labor law and corporate law.

We can help you with family matters also abroad. For example, if you have to carry out divorce proceedings in Italy, Spain, Uruguay or the Netherlands, we can work internationally with our team of multilingual lawyers.