Question:
My mother and father need to move back to the u.k due to very bad health, with my mother moving into a home immediately on her return. They own a house and a bank account in Marbella. 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.
A.
Absolutely. I would at least address the following matters:
1. Make sure there Spanish wills are in good order. Even if 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.
2. Locate the title deeds to the property and their NIE numbers.
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. Look in to the advantages/disadvantages of selling quickly now versus holding on waiting for a better price From a tax point of view if they are resident and over 65 it is in their advantage to sell before they loose their resident status in Spain as they are entitled to a 100% exemption from capital gains tax.
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 and/or financial advisor in Spain before you leave.
Very important:
The above are the essential things that come to mind but their could be more depending on their circumstances.
