Cases resolved by specialist lawyers

• 

  Madrid · Inheritance

  5 months

  to sign the division of the estate, without going to court

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  A deadlocked inheritance between three siblings, divided without going to court

  Situation

  After their mother died, three siblings inherited the family flat in Madrid and a bank account. One lived in the home and refused to sell; the other two needed to cash in their share. They had gone more than a year without an agreement and the deadline for Inheritance and Gift Tax (Impuesto sobre Sucesiones y Donaciones) was about to expire.

  What was done

  The inheritance lawyer first filed the tax return to avoid surcharges and then proposed a division in which the brother living in the flat would take it and compensate the other two in cash, based on an independent valuation. When negotiations stalled, she set out in writing the option of a court-ordered division, which sped up the agreement.

  Outcome

  The three siblings signed the deed of partition five months after first getting in touch. The brother who lived in the flat kept it, paying the other two their share over eighteen months, with no lawsuit and no surcharges from the Spanish Tax Agency (Agencia Tributaria).

  M. R. · MadridView the case

• 

  Alicante · Tax

  €11,400

  of the 3% withholding refunded by the Spanish Tax Agency

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  She sold her flat in Alicante from London and recovered the 3% withholding

  Situation

  A London resident for eight years, she sold the apartment she had kept in Alicante. At the notary's office the buyer withheld 3% of the price, as the law requires for non-residents, and nobody explained to her what to do next. She was also worried about a penalty for never having declared the property.

  What was done

  The tax adviser reconstructed the acquisition value using the purchase deed, the taxes paid at the time and the documented renovation work, calculated the real gain and filed form 210 (modelo 210) within the four-month deadline. As the tax due was lower than the amount withheld, the adviser claimed a refund of the difference and regularised the previous years by declaring the imputed income, which was minimal.

  Outcome

  The Spanish Tax Agency (Agencia Tributaria) refunded €11,400 of the amount withheld seven months after form 210 was filed. Regularising the previous years cost less than €300 and avoided any penalty.

  C. L. · UK residentView the case

• 

  Valencia · Employment

  €28,600

  in compensation acknowledged at the conciliation hearing

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  A disciplinary dismissal that ended in compensation for unfair dismissal

  Situation

  A maintenance technician with eleven years at the company, he received a disciplinary dismissal letter for alleged lateness that did not appear in any record. The letter included no compensation and the company offered him a final settlement (finiquito) to sign “to keep things simple”. He made his enquiry with twelve working days already used up.

  What was done

  The employment lawyer filed the conciliation request (papeleta de conciliación) the next day, asked the company for the working-time records that the law requires it to keep and prepared the unfair dismissal claim with the payslips to calculate the compensation of 33 days per year worked.

  Outcome

  At the conciliation hearing, without going to trial, the company acknowledged that the dismissal was unfair and paid €28,600 in compensation plus the full final settlement. The employee was paid within thirty days.

  J. P. · ValenciaView the case

• 

  Seville · Property

  €18,000

  deposit protected and the home free of charges at signing

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  They signed the deposit contract and a seizure order appeared: they still bought, free of charges

  Situation

  A couple signed a deposit contract (contrato de arras) for a home in Seville and paid a deposit of €18,000. When they requested the Land Registry extract for the mortgage, a seizure order from the Spanish Tax Agency (Agencia Tributaria) appeared on the property. The seller played the matter down and asked to sign on the planned date.

  What was done

  The property lawyer reviewed the deposit contract, demanded by registered legal notice (burofax) that the seizure order be cancelled before the deed was signed and negotiated an extension of the signing deadline without the deposit being lost. The lawyer arranged with the notary's office for the debt to be paid out of part of the price at the signing itself, with the payment receipt and the cancellation order.

  Outcome

  The sale and purchase was signed five weeks after the original date, with the seizure order cancelled and without the buyers paying a single euro more upfront. The home was registered in their names free of charges.

  A. and L. · SevilleView the case

• 

  Zaragoza · Mortgages

  €2,350

  recovered, plus interest from the day he paid them

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  He recovered the costs of his 2009 mortgage, with interest

  Situation

  He signed his mortgage in 2009 and paid the notary, Land Registry, administrative agency (gestoría) and valuation costs in full, as banks required at the time. He complained on his own to the bank's customer service department and received a written refusal arguing that the claim was time-barred.

  What was done

  The lawyer gathered the original invoices, recalculated what could be claimed under the case law of the Spanish Supreme Court and the Court of Justice of the European Union on the limitation period, and filed the claim with the specialist court in Zaragoza, asking for the bank to be ordered to pay costs.

  Outcome

  The judgment ordered the bank to refund €2,350 plus statutory interest from the date of each payment and to pay the legal costs. The client did not pay any fees upfront: they were taken from the amount recovered and from the costs awarded.

  R. S. · ZaragozaView the case

• 

  Barcelona · Business

  3 weeks

  from the first meeting to a registered, up-and-running company

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  Three shareholders with different contributions: a limited company (SL) with clear rules in three weeks

  Situation

  Three professionals wanted to set up a consultancy in Barcelona. Two were contributing the initial capital and the third would work full time without a salary for the first few months. They did not know how to split the shares, what would happen if one of them left or who would decide in the event of a tie.

  What was done

  The commercial lawyer drafted tailor-made articles of association and a shareholders' agreement (pacto de socios) with a share split tied to milestones, lock-in and exit clauses, a pre-emption right and a tie-break rule. The lawyer also handled the company name, the deposit of the share capital, the public deed (escritura) and registration with the Companies Registry (Registro Mercantil).

  Outcome

  The company was registered and signed up with the Spanish Tax Agency (Agencia Tributaria) three weeks after the first meeting. A year later, one of the shareholders decided to leave and the exit was completed in fifteen days by applying what had been agreed, with no dispute.

  Technology consultancy · BarcelonaView the case

Names and personal details have been changed for confidentiality.