Legal guideline: Over 80 and going back to the u.k: The 7 points to consider before you go

Michael Davies. Abogado/Lawyer. 7 things to consider if you are over 65 and are thinking about moving back to the u.k.

My parents are over  80 , not getting any younger and considering  returning to the u.k.: The 7 things we consider you should look  into .

Question:

My mother and father need to move back to the u.k. due to bad health and missing their grandchildren , with my mother moving into a home immediately on her return. They still own a house and a bank account in Spain. Have you got any recommendations of things I should be thinking about from a legal point of while I am in Spain to help them organise their return ?

Answer:

I would at least address the following matters:

1. Make sure their Spanish wills are in good order (there have been some legal changes lately that have made a visit to a solicitor in relation to the will necessary, and if they have been ill and thinking of other things this will not have been a priority and may not have bee done ).   Ask a solicitor if  it complies with Directive 650/2012 that came into force on the 17 of August of 2015 and ask your solicitor if you can make better use of the new situation in relation to exemption rates for non residents created after the sense of E.C.J. of 3/9/2014.  (European court of Justice of 3/9/2014) Even if the will does comply  they are, it may be time to reconsider the clauses. If for example one of your parents is very ill it may not be convenient for the other partner to name him /her beneficiary , etc.
2. Locate the title deeds to the property and their NIE numbers and make copies
3. Make sure internet banking is set up on their Spanish bank account.
4. Your parents may wish to consider signing a power of attorney for you to deal with their Spanish assets.
5. If they are resident and over 65 they are entitled to sell the property free of capital gains tax if they sell before they loose their resident status. Talk to your solicitor about capital gains tax. If they are going to sell the property try to do it withoght them loosing their resident status before they sell for total exemption of CGT.
6. When you get back to England start working on an enduring power of attorney to be used in the u.k.
7. Meet their solicitor in Spain before you leave to make sure he is someone you will fee comfortable working with.

These seven points are essential things that come to mind and that we always address in these situations  but their could be more depending on their specific circumstances. A chat with your solicitors with  all documentation available is recommendable.

Contact us today for a consultation about your particular circumstance: info@daviessolicitors.com