Affidavits of Law, English and Spanish – Explained
As an English and Spanish solicitor, I can prepare affidavits or reports of law that are recognised by Spanish and English courts or other official authorities (Notaries, Registrars, and etcetera).
An affidavit is a written declaration under oath, taken before a notary or other authority who has the power to administer such oath.
Affidavits of law are very often requested during probate or in family matters, but they can be necessary in any area of law.
Preparing an Affidavit
You may need an affidavit of law if for example a family member has passed away in Spain leaving only a Spanish will to cover her assets in Spain but not will to cover her assets in the UK.
You will be asked to provide an affidavit of Spanish Law by the Probate Court in the UK to administer the UK assets and determine who the legitimate beneficiaries are.
When two legal systems are involved in an inheritance process (for example a British national has a property in Spain), the Probate Court in England or the authority in Spain, they will very probably require an Affidavit of Foreign Law. The Affidavit will provide a sworn statement made by a solicitor explaining and stating the law applicable, which on occasions is the national law of the deceased, on other occasions the law of the domicile of the deceased.
It is always worth remembering that when you sign an affidavit you are under oath, just as you would be in court. Your signature makes the statement legally binding. So if you are signing an affidavit be entirely aware of what you are placing your name to.
Laura Garcia Navarrete is expert in Affidavits and Spanish Law
Laura Garcia is frequently asked to preside over the transfer of assets in Spain for beneficiaries, Trustees and Executors. This is because of the detailed knowledge and experience of Laura Garcia and her expertise in matters relating to Spanish Law. This expertise allows her to provide solutions to conflicts quickly and saves our clients a great deal of stress and inconvenience.
If you are a solicitor, an Executor or a beneficiary and require probate help in UK or in Spain, or if you would like to know more about affidavits of Law whether English or Spanish please contact Laura Garcia Navarrete to speak to a Spanish solicitor today on 01273 222912 or contact us online.