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Founded in 2016
English
Funes & Matthys Attorneys at Law is a Costa Rican boutique firm focused on advising foreign investors, property purchasers, and international clients establishing or managing assets in Costa Rica. Its work includes real estate transactions, legal due diligence, international transactions, mergers...
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What private wealth and succession work covers in Nosara

In Nosara, private wealth and estate planning commonly involve property, family assets, immigration status, tax compliance, and succession planning. The work is shaped by local real estate conditions, including coastal restrictions, condominium ownership, rural parcels, and property held through Costa Rican companies.

A Costa Rican lawyer or notary may review title, corporate records, marital property rights, wills, powers of attorney, and tax obligations. Foreign owners also need advice on how Costa Rican law interacts with their nationality, residence, marriage, and assets held abroad.

Nosara falls within Nicoya canton in Guanacaste Province. The relevant municipal records, property tax administration, and local land-use issues therefore involve the Municipality of Nicoya, while title and company records are handled nationally by the National Registry.

When a lawyer may be necessary

  • Buying or holding Nosara property: A lawyer can verify title, survey information, liens, zoning, water arrangements, and restrictions affecting beachfront or near-coastal land.
  • Owning property through a company: A lawyer can review the company’s shareholders, directors, beneficial ownership filings, annual obligations, and authority to sell or mortgage property.
  • Planning for death: A Costa Rican will and coordinated succession plan can address a home, bank accounts, vehicles, companies, and other assets located in Costa Rica.
  • Settling an estate: A lawyer can guide heirs through a judicial or qualifying notarial succession proceeding, including notices, inventories, debts, and transfers.
  • Changing residence or nationality circumstances: A lawyer can coordinate estate planning with temporary or permanent residency, marriage, divorce, and foreign inheritance arrangements.
  • Managing family transfers: Gifts, sales between relatives, usufruct arrangements, and transfers of company interests can create tax, registration, and forced-heirship issues requiring advice.

Key Costa Rican laws affecting private wealth

Código Civil de Costa Rica: The Civil Code governs succession, wills, family property concepts, obligations, and ownership. Its rules can apply to Costa Rican assets even when an owner lives abroad or holds another nationality.

Ley sobre la Zona Marítimo Terrestre No. 6043: Enacted in 1977, this law regulates Costa Rica’s maritime-terrestrial zone, generally comprising the first 200 metres from the ordinary high-tide line. The first 50 metres are public land, while the remaining restricted zone is generally subject to concession rules rather than ordinary private title.

Ley de Impuesto sobre Bienes Inmuebles No. 7509: Enacted in 1995, this law establishes the municipal property tax framework. Property owners in Nosara generally deal with the Municipality of Nicoya for declarations, valuations, billing, and payment issues.

Other obligations may arise under the Ley de Impuesto a las Personas Jurídicas No. 9428, which introduced an annual tax on many Costa Rican legal entities from 2017. The correct result depends on the entity’s status, activity, and current tax rules.

Frequently asked questions

Do I need a lawyer to make a will in Costa Rica?

A lawyer who is also a Costa Rican notary can prepare and formalise a Costa Rican will. A will is not always mandatory, but it can reduce uncertainty concerning Costa Rican assets and make the succession process more orderly.

Can a foreigner inherit property in Nosara?

Foreign nationals can generally inherit private property in Costa Rica. Coastal land, concession rights, restricted-zone interests, and property held by a company require separate review because their legal treatment may differ from ordinary titled land.

Does Costa Rica recognise a will made in another country?

A foreign will may be relevant, but using it in Costa Rica can require authentication, apostille or legalisation, translation, and interpretation under Costa Rican procedure. A local notary or lawyer should compare the foreign document with a Costa Rican will before relying on it.

Can I create a trust for property in Nosara?

Trust arrangements exist in Costa Rica, but their suitability depends on the asset, the parties, tax treatment, and registration requirements. A trust does not automatically avoid succession, tax, creditor, or coastal-zone restrictions.

How is an estate administered after someone dies?

A succession proceeding identifies heirs, assets, debts, and the person authorised to administer the estate. It may proceed judicially or, where legal requirements are met and the heirs agree, through a Costa Rican notary.

Can a notary handle a succession without a court?

A notarial succession may be available when the statutory conditions are satisfied, including agreement among the relevant heirs and the absence of disqualifying disputes. A contested or legally unsuitable matter generally requires judicial proceedings.

How long does a Nosara succession take?

The timeline depends on whether the matter is uncontested, whether heirs and assets are easy to identify, and whether title or tax problems exist. Straightforward matters can take months, while disputes, missing documents, or difficult property records can substantially extend the process.

How much does a private wealth lawyer cost?

Fees vary according to the work, property value, number of heirs, corporate structure, and whether litigation is involved. Request a written estimate separating professional fees, notarial charges, registry costs, taxes, translations, and other disbursements.

Do I need separate lawyers in Costa Rica and my home country?

Often, coordinated advice is useful when assets or heirs are in more than one country. The Costa Rican lawyer addresses local property, succession, company, and notarial requirements, while foreign counsel addresses the other country’s tax and inheritance rules.

Is property held through a Costa Rican company outside the estate?

Not necessarily. The estate may involve the deceased person’s shares or other rights in the company, even if the company owns the Nosara property. Corporate records, shareholder succession, beneficial ownership filings, and company debts should be reviewed.

Can I give Nosara property to a child during my lifetime?

A lifetime transfer may be possible through a sale, donation, or another legally structured transaction. The deed, valuation, transfer taxes, family property rights, creditor concerns, and any coastal or corporate restrictions require review before signing.

What should I check before hiring a lawyer?

Confirm that the professional is authorised to practise in Costa Rica and, where notarisation is required, is a practising Costa Rican notary. Ask about relevant Nosara property experience, conflicts, scope of work, fees, communication, and responsibility for registry and tax filings.

Official resources for Nosara matters

  • Municipalidad de Nicoya: Handles municipal property tax administration, local land-use matters, permits, and municipal records affecting property in the Nosara district.
  • Registro Nacional de Costa Rica: Maintains national records for real property, legal entities, powers of attorney, and other registrable rights. It is central to title, company, and transfer checks.
  • Dirección General de Migración y Extranjería: Administers Costa Rican immigration and residency matters. Its records and procedures may be relevant when estate planning depends on residency status.

Practical steps to find and hire the right lawyer

  1. Define the issue within one week: List the assets, family members, countries involved, immigration status, companies, and immediate objective, such as a purchase, will, transfer, or succession.
  2. Collect documents over one to two weeks: Gather passports, marriage or divorce records, death certificates, wills, title documents, surveys, company records, tax receipts, and prior legal advice.
  3. Shortlist two or three qualified professionals: Look for a Costa Rican lawyer or notary familiar with Nosara property, succession, corporate ownership, and cross-border clients. Verify current professional authorisation.
  4. Ask for a conflict and scope review: Confirm who the client is, which assets are covered, whether translation or apostille work is included, and whether the lawyer will coordinate with foreign counsel.
  5. Request a written fee proposal: Obtain separate estimates for legal fees, notarial work, registry charges, taxes, translations, valuations, and unexpected procedural steps.
  6. Check the proposed plan: Before signing, ensure the lawyer has addressed coastal-zone status, title, company ownership, marital rights, succession procedure, and tax compliance where relevant.
  7. Engage formally and set milestones: Sign an engagement letter and agree on document deadlines, progress updates, signing arrangements, and an expected timeline for each stage.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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