Last updated on October 28th, 2019 at 04:03 pm.
Whether you are able to travel to Spain or not, the power of attorney can make the process of buying a property here a lot easier. In this article we explain what it is and how to go about making one.
A power of attorney or ‘Poder Notarial’ is a written authorisation that allows someone you trust to represent you in legal matters or transactions. It has many uses including obtaining an NIE and enabling transactions during the inheritance process. If you are considering buying a property in Spain then the power of attorney can make the whole process much easier, whatever your travel plans.
It is important that the Spanish power of attorney is only given to someone who you trust. It is a powerful document and you should choose your representative carefully. Most people prefer to delegate this to a solicitor who is familiar with the process.
Your power of attorney will have parameters and you will need to limit how far the power extends. So for example, you might just give your permission for someone to sign documents on your behalf when it comes to purchasing a property in Spain. A solicitor will advise you.
How to make the power of attorney
It is important that you get a good Spanish solicitor to draft the document for you, ensuring that the correct terminology is used. You can either:
- Go to a Spanish notary in Spain
- Go to a notary in your own country
In Spain
If you are able to travel to Spain then you can go to a public notary here to have your power of attorney (POA) authorised. The document will be written in Spanish so if you are not fluent yourself you will want someone to translate it for you.
In your own country
If you cannot come to Spain you can still make a POA in your own country by visiting a notary there instead. Your Spanish solicitor will draft the document in a bilingual version so that the notary can witness you signing the document and knows what it says.
The POA will need to have an Apostille of the Hague. This is a stamp that is attached to the original document in order to confirm that the signature, seal or stamp on the document is genuine. The Apostille is obtained from the Foreign Office.
If you happen to live near the Spanish Embassy in your home country then the POA can be authorised there.
Finally, the POA will need to be translated into Spanish by an official translator. You will need a ‘Sworn’ translator who is specially qualified and registered for this purpose. They sign and stamp their translation, which again confirms its authenticity. Don’t worry if this makes the process sound complicated. Your solicitor will have enabled thousands of these and be able to steer you in the right direction.
Real benefits
Once you have the POA then the legal process can continue without you being there in person. There are a number of signings and procedures that must be carried out during the conveyancing or inheritance process. The good news is that the POA means that someone can do these on your behalf.
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8 comments
3 January, 2021 8:09 pm
Hello can you get us a Non Lucrative Visa for Spain without us having to visit the Embassy in London?
4 January, 2021 1:46 pm
Hi Alan,
Thank your for contacting us. Unfortunately we do not deal with the application process directly, but we would recommend you to speak with our relocation adviser collaborator David Ruiz. He will go through everything with you, timing, documentation and costs. If you wish to contact him directly please send him an email at david@torreviejatranslation.com
With kind regards,
Ábaco Advisers
28 February, 2022 11:31 am
Hi I am looking for a Notary in UK to correspond with our Notary in Spain, this person must be able to talk in Spanish regarding the Power of Attorney for a property which we have inherited in Spain and is about to be sold.
Regards
Norah
1 March, 2022 3:26 pm
Hi Norah,
I hope this notary can be of assistance in your case:
With kind regards,
Ábaco Advisers
12 July, 2023 11:45 am
I was wondering, if my father was POA for myself during selling my property in spain would it be legal and would i have the right to request from the notary that the banker draft to be made out to him rather than myself?
3 August, 2023 10:43 am
Hi Paul,
It would be possible as long as the buyer agrees to this as well and the notary.
With kind regards,
Ábaco Advisers
18 December, 2024 12:46 am
Hi,
Our farther passed away 12th December 2023. He had a Will, which stated that the money in his bank account should be shared equally between his 3 children. He had no property to deal with, my farther signed over his property and put it into mine and my brothers names 5 years ago.
My father had no debts, loans or financial agreements. The solicitor never kept us up-to-date as to where he was in the probate process. This resulted in us receiving a letter from the UK State Pension department demanding we pay back 8 months of payments because they were only informed of our farther’s death in August 2024. I eventually sent the solicitor an email at the beginning of November 2024 noting my concerns. He then sent us an email with a list of bills to be paid, a link to to fill out a form to Request for Certificate of Residence and a form to be signed from my father’s bank.
Sorry for the length of this email but do I have good reasons to be concerned with how the solicitor has dealt with this whole process or is this Probate timeline normal. If my concerns are correct can I make an official complaint and if so will it effect the process of the Probate even further.
Kind Regards
M Houghton
18 December, 2024 3:28 pm
Dear Myra,
We are sorry to hear about the difficulties you are facing with your father’s inheritance process.
Lawyers typically keep their clients informed about the progress of their cases. If you have not received regular updates, it is always advisable to request one.
When engaging a solicitor, they should clearly outline the steps involved and the actions required. For instance, if your father was receiving a UK pension, they should have informed you of the need to notify the relevant authorities of his passing, so that the pension payments could be stopped. If the authorities were not informed promptly, it is true that any pension payments made after the date of death must be refunded.
While it seems that the solicitor may not have handled the matter with the expected level of efficiency, it is important to address your concerns directly with them. You might want to set a clear deadline for when you expect the remaining matters to be concluded.
Kind regards,
Ábaco Advisers
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