Spanish powers of attorney Spanish Crime Spanish inheritances

ANGLO-SPANISH LAW

Introduction

Anglo-Spanish Law  is the trading name of Mr E R Wagner, solicitor-notary and Spanish lawyer, (abogado), LLB, LLM, Licenciado en Derecho, Law Society Final Part II Examinations, Diploma in Notarial Practice.

 

Postal address, telephone, fax & email

The postal address is 6 Lower Burch Row, Eyam, Hope Valley, Sheffield, S32 5QF. Visits to 6 Lower Burch Row, Eyam, are strictly by prior appointment only. Telephone and fax 01433-631508, preferably between 9.30 am and 2.00 pm Monday to Friday. Email anglospanishlaw@legalisp.net or anglo-spanish-law@talktalk.net

 

The Navigation Bar on the left explained

If you have come to this website the chances are that you have some sort of Spanish legal problem that you want resolving. If you want to know more about Mr Wagner you should continue to read this page, but for those who already know Mr Wagner, (or who don't know him and/or don't give a monkey's who he is), and want to see immediately whether Anglo-Spanish Law can assist them, and at what price, they should click on the appropriate button in the navigation bar.

Some of the labels on the navigation bar buttons are very easy to understand. Some of the labels are just a bit harder to understand and could do with a bit of explanation. You are currently looking at what is commonly called The Home Page.

People with a purely Spanish legal problem should not be put off by the addition of the adjective "English" on the navigation bar buttons, because, firstly, very often a Spanish legal problem will turn out to have a significant English legal dimension, and, secondly, if, unusually, your matter really is purely Spanish, the word "English" can simply be ignored.

If you find that Anglo-Spanish Law does carry out the service that you require at a price that you find acceptable, please phone Mr Wagner on 01433-631508, preferably between 9.30 am and 2.00 pm Monday to Friday, so that some brief details can be taken over the phone, and written terms and conditions of business can be sent by post.

Accident in Spain

If you have been on holiday in mainland Spain, the Balearic Islands or the Canary Islands, and have suffered, for example, a road traffic accident whilst over there, then you should click "Accidents in Spain" on the navigation bar.

 

Litigating or suing in Spain

If you have lost your villa in Spain and/or you are in dispute with a developer you should click "English and Spanish Civil Litigation".

 

Spanish company law

If you are thinking of setting up a Spanish company and/or going into business in Spain, you should click "English and Spanish Company Law".

 

Spanish conveyance or conveyancing

If you are buying or selling a property in Spain, click "English and Spanish Conveyancing".

For an experienced, friendly, cost-effective estate agent on the island of Tenerife contact Lisa Maunder of Los Cristianos properties, click "Los Cristianos Properties" and on the Costa del Sol contact Adolfo Fernández at ACM, click "ACM".

Criminal offence in Spain

If your child has got into trouble with the police in Spain or if you have got into trouble with the police / judicial authorities in Spain, click "English and Spanish Crime".

 

Matrimonial Transfers

If you are either an individual who has got divorced or a solicitor seeking to implement a court order which transfers property in Spain to or from an ex-spouse, click "English and Spanish Matrimonial Transfers".

 

Court of Protection

If you have got an English or Welsh relative who has become incapacitated, for example, by a severe stroke, and the stroke victim has got a property in Spain that needs selling, click "English Court of Protection".

 

Spanish Power of Attorney

If you need a power of attorney doing for use in Spain, click "Spanish powers of attorney".

 

English & Spanish Probate

If you are inheriting all or part of a property in Spain and need the paperwork doing to get the property into the names of the beneficiaries click "English and Spanish Probate".

 

English & Spanish Wills

If you want to do a Spanish Will click "English and Spanish Wills".

 

English & Spanish Law Books

Anglo-Spanish Law does not, at present, have any books for sale, but some written by Mr Wagner are in the pipeline.

 

Notarisation or Notarising

If you want a document notarising for use abroad, ie in effect have your signature on a document witnessed by a notary public, click "Notarising Documents".

 

Legalisation or Legalising

If you want a document legalising for use abroad, for example, have an apostille affixed in accordance with the Hague Convention of 1961, click "Legalising Documents".

 

NIE or Número de Identidad de Extranjeros

If you need an NIE or Número de Identidad de Extranjeros, ie a Spanish Foreigner's Identification Number, click "NIE".

 

Contact Anglo-Spanish Law

If you wish to send an email to Anglo-Spanish Law you can either send one to anglo-spanish-law@talktalk.net or click "Contact Anglo-Spanish Law".

 

How to find Anglo-Spanish Law

If you have got an appointment to see Mr Wagner at 6 Lower Burch Row, Eyam, Sheffield, it is recommended that you not simply rely on your SATNAV, but also click "How to find Anglo-Spanish Law", and follow the directions in that web page.

 

The biographical details of Mr E R Wagner

Mr Wagner studied law at Manchester University, England, passed the Law Society Finals, and then studied all 25 subjects of the Spanish law degree in force at the time in Spain, becoming a genuinely dual qualified, bilingual, English and Spanish lawyer.

After working a while in 1989-90 at a Madrid law firm specialised in Spanish tax and company law, Mr Wagner worked from 1990 until 1992 as a trainee solicitor at a strong legal aid firm of solicitors in Sheffield that happened to have an overseas department specialising in Spanish legal work, gaining a wide range of experience in such areas as English Civil Litigation, (including English personal injury litigation), English Residential Conveyancing, English Wills & Probate, Spanish Civil & Criminal Litigation, (including Spanish personal injury claims), Spanish Company Law, Spanish Residential Conveyancing, and Spanish Wills & Probate.

Once fully qualified as a solicitor in England & Wales, Mr Wagner went on to work as a lecturer in law, (later senior lecturer in law), at Sheffield Hallam University, for three years teaching [English] land law, residential landlord & tenant, equity & trusts, and business studies law to undergraduates.

Since ceasing to work as a full-time lecturer/senior lecturer in law, Mr Wagner has worked as a sole practitioner lawyer specialising in Spanish legal work, although he has retained an interest in teaching law, having taught part-time to Institute of Legal Executive students, Legal Practice Course post-graduate law students, and even, briefly, General Certificate of Secondary Education law to schoolchildren.

Mr Wagner's father was a geology lecturer, (rising to senior lecturer, and, later, reader), at what was then the Geology Department of Sheffield University, specialising in Carboniferous Geology in general, and the Carboniferous Geology of Spain in particular.

Dr RH Wagner used to take his family with him to Spain every year for the whole of the university summer "holidays", and it wasn't to the tourist areas of Spain, but to in or around the coalfields of León and Palencia where the people are basically monolingual Spanish, which is why Mr Wagner Jr learnt to speak Spanish from a very early age and is now bilingual English-Spanish.

For those interested in the topic, Mr Wagner Jr researched English and Spanish Succession Law and Practice, plus gave suggestions for reform. His dissertation for the masters degree awarded in 2006 is to be found as a pdf document entitled "A comparison of English and Spanish succession law and practice: suggestions for reform of the English model". Click on the link.

Some areas of the law are not covered at all by Anglo-Spanish Law. For example, for full information on English employment law contact Waring Law Ltd. Their website is http://www.waringlaw.com. Click on the following link Waring Law Ltd solicitors.

 

Who actually does the Spanish legal work?

For some matters like Spanish powers of attorney, English & Spanish Wills, obtaining Spanish death certificates, getting a certificate from the Madrid Wills Registry, the only lawyer / expert involved is Mr Wagner.

For the vast majority of legal transactions Anglo-Spanish Law has to instruct all sorts of independent experts, such as doctors, valuers, surveyors, notaries in the United Kingdom, Spain, and elsewhere in the world, English solicitors, English barristers, and abogados. These people are not employees or partners or otherwise agents of Anglo-Spanish Law.

 

Notary or Notary Public

Mr Wagner is a notary public duly authorised to attest documents in England & Wales, regulated by the Faculty Office of the Archbishop of Canterbury at 1 The Sanctuary, Westminster, London, SW1P 3JT, England, Telephone 020 7222 5381, Faculty.office@1thesanctuary.com www.facultyoffice.org.uk All complaints about the service provided by Anglo-Spanish Law / Mr E R Wagner should in the first instance be directed to Mr E R Wagner. If the disagreement cannot be resolved between ourselves this matter is not regulated by the Law Society / Solicitors Regulation Authority. My Notarial Practice is regulated by the Faculty Office of the Archbishop of Canterbury, 1 The Sanctuary, Westminster, London, SW1P 3JT, telephone 0207-2225381, email faculty.office@1thesanctuary.com, website www.facultyoffice.org.uk. If you are dissatisfied about the service you have received please do not hesitate to contact me. If we are unable to resolve the matter you may then complain to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office. This procedure is free to use and is designed to provide a quick resolution to any dispute. In that case please write (but do not enclose any original documents) with full details of your complaint to The Secretary of the Notaries Society, PO Box 1023, Ipswich, IP1 9XB, email secretary@thenotariessociety.org.uk If you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries Society or the Faculty Office for assistance. Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of eight weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman, P O Box 6806 Wolverhampton, WV1 9WJ, Tel 0300-5550333, email enquiries@legalombudsman.org.uk Website www.legalombudsman.org.uk. If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint. My practice is registered with the Information Commissioner’s Office.

 

Abogado or Spanish lawyer, sometimes incorrectly called "Spanish solicitor"

Mr Wagner is currently: (i) a non-practising solicitor of the Supreme Court of England & Wales on the Roll of Solicitors kept by the Law Society of England & Wales, but is not regulated by the Solicitors Regulation Authority / Law Society, (ii) a practising Notary Public in England & Wales regulated by the Faculty Office of the Archbishop of Canterbury at 1 The Sanctuary, Westminster, London, SW1P 3JT, for the notarial work in England & Wales, and is also (iii) an abogado "colegiado en Madrid" ie a Spanish lawyer registered with the Madrid Bar Association / College of Lawyers at Calle de Serrano, 11, 28001 Madrid, Spain. Anglo-Spanish Law has professional indemnity insurance cover worth £1,000,000.00 per claim. Ultimately, if all attempts at mediation / dispute resolution fail it is open to clients to sue Anglo-Spanish Law in the County Court or in the High Court of England & Wales.

 

DATA PROTECTION PRIVACY NOTICE

1. Anglo-Spanish Law / Mr E R Wagner / any Successor Practice / the Notary Business ("Business", "we", "us", "our"). The Business / Mr E R Wagner is registered with the Information Commissioner's Office ("ICO") with reference number Z8973934.

2. If you have any questions about this privacy notice ("Notice") please contact us by email anglo-spanish-law@talktalk.net

3. The Business will process your data and third parties' data, as further explained below, in the course of providing you with notarial and associated services including access to our website and online features ("Services").

4. We will let you know, by posting on our website or otherwise, if we make changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.

PLEASE NOTE: You shall and you hereby agree to indemnify the Business and its affiliates and their offices, employees, agents, and subcontractors (each an "Indemnified Party") from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages, and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraph 9.

What is Personal Data?

5. "Personal Data" means any information relating to an identified or identifiable natural person, known as 'data subject', who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies, and similar information. It may also include "special categories of personal data" such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person's sex life or sexual orientation.

6. The Business may process personal data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, for example, individuals whose details are included in any materials provided by you to the Business. The Business may obtain information about you and other data subjects from third party service providers, such as due diligence platforms. If you use our online Services, the Business may collect information about your devices including clickstream data.

7. The provision of certain personal data is mandatory in order for the Business to comply with mandatory client due diligence requirements and consequently to provide the Services. You warrant on a continuous basis that such personal data is accurate, complete, and up-to-date. Failure to comply may result in documents being rejected by the relevant certification authorities, held invalid in the destination country, or other difficulty to successfully completing the Services.

8. In relation to personal data of data subjects you warrant to the Business on a continuous basis that:

(a) where applicable, you are authorised to share such personal data with the Business in connection with the Services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;

(b) to the extent that this is required in connection with the Service, such personal data is accurate, complete, and up-to-date; and

(c) either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection with the Services as set out in paragraph 18, or that an alternative legal gateway for such transfer (such as a transfer necessary for the conclusion of performance of a contract concluded in the interest of the data subject) has been satisfied.

How do we use your personal data?

9. The Business will only process personal data, in accordance with the applicable law, for the following purposes:

(a) responding to your queries, requests, and other communications;

(b) providing the Services, including, where applicable, procuring acts from foreign organisations;

(c) enabling suppliers and service providers to carry out certain functions on behalf of the Business in order to provide the Services, including webhosting, data storage, identity verification, and technical, logistical, courier, or other functions, as applicable;

(d) allowing you to use features on our website, when you choose to do so;

(e) sending to you personalised marketing communications requested by you, as well as serving personalised advertising to your devices, based on your interests in accordance with our Cookie Statement below. There are currently no cookies owned by the Business, but when and if there are ever any cookies coming from the Business you have the right to disable cookies as set out above or to unsubscribe to them;

(f) ensuring the security of the Business and preventing or detecting fraud;

(g) administering our Business, including complaints resolution, trouble-shooting of our website, data analysis, testing new features, and for research, statistical, and survey purposes;

(h) developing and improving our Services;

(i) complying with applicable law, including Notarial Practice Rules, guidelines and regulations, or in response to a lawful request from a court or regulatory body.

The legal basis for our processing of personal data for the purposes described above will typically include:

(I) processing that is necessary to fulfil a contract that we have in place with you or with other data subjects, such as processing for the purposes set out in paragraphs 9(a), (b), (c), and (d);

(II) your consent, such as processing for the purposes set out in paragraph 9 (e);

(III) processing necessary for our third party's legitimate interests, such as processing for the purposes set out in paragraphs 9(a), (b), (c), (f), (g), and (h), which is carried out on the basis of the legitimate interests of the Business to ensure that Services are properly provided, the security of the Business and its clients, and the proper administration of the Business; and

(IV) processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph 9(i).

Cookie statement

What, exactly, are cookies?

A cookie is a small piece of information which is sent to your browser and stored on your computer's hard drive, mobile phone, or other device.

10. We / the Business does not use cookies. When and if cookies and / or similar technologies are ever used by the Business they may be used in order to collect the information, including personal data, as described in this Notice. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. However, some Services offered through our website may not function properly if your cookies are disabled.

11. Cookies can be first party or third party cookies.

(a) First party cookies are cookies that the website that you are visiting places on your device.

(b) Third party cookies are cookies that are placed on your device through the website but by third parties such as Google.

The cookies placed on our website

12. We do not use cookies, but when and if cookies are ever on our website we would be using them in the following manner:

Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, Services that you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.

Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions they are visiting from. These are first party cookies.

Functionality cookies. These cookies allow our website to remember choices you make, (such as your user name, language, and/or the region you are in, if applicable), and provide enhanced, more personal, features. These cookies can also be used to remember changes you have made to text size, fonts, and other parts of web pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browsing activity on other website. These are first party cookies.

Targeting or advertising cookies. These cookies allow us and our advertisers to deliver information more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns. They remember that you have visited our website and may help us in compiling your profile. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.

Social Media cookies. These cookies allow you to connect with social media networks such as LinkedIn and twitter. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.

13. We may combine information from these types of cookies and technologies with information about you from other sources.

Cookie consent and opting out

14. We assume that you are happy for us to place cookies on your device. Most internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms, and our Services.

15. When you arrive on our website a pop-up message may appear asking for your consent to place advertising cookies on your device. In order to provide your consent please click on the button saying that you understand / accept. Once your consent has been provided, this message will not appear again when you revisit. If you, or another user of your device, wish to withdraw your consent at any time, you can do so by altering your browser settings, otherwise we will assume that you are happy to receive cookies from our website. For more information you can visit https://www.allaboutcookies.org/ and https://www.youronlinechoices.com/uk/

Disclosure of personal data

16. There are circumstances where the Business may wish to disclose or is compelled to disclose your personal data to third parties. These scenarios include disclosure to:

(a) our subsidiaries or associated offices;

(b) our suppliers and service providers to facilitate the provision of the Services, including couriers, translators, IT consultants, and legalisation, and other handling agents, webhosting providers, identity verification partners, (in order to verify your identity against public databases), consultants, for example, in order to protect the security or integrity of our business, including our databases and systems, and for business continuity reasons;

(c) public authorities to carry out acts which are necessary in connection with the Services, such as the Foreign Commonwealth and Development Office;

(d) foreign organisations to carry out acts which are necessary in connection with the Services, such as Embassies, Consulates, and High Commissions;

(e) professional organisations exercising certain public functions in relation to the notaries profession, such as Chambers of Commerce;

(f) subject to your consent, our advertising and marketing partners who enable us, for example, to deliver personalised ads to your devices or who may contact you by post, email, telephone, SMS, or by other means;

(g) successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution, or similar event relating to a Business. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;

(h) public authorities where we are required by law to do so; and

(i) any other third party where you have provided your consent.

International transfer of your personal data

17. We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above. In particular, your personal data may be transferred to foreign organisations such as foreign embassies located in the UK or abroad. Such organisations will process personal data in accordance with the laws and international treaties to which they are subject and over which the Business has no control.

18. If the Business transfers personal data to private organisations abroad, such as subcontractors or Spanish lawyers in Spain, (who are definitely NOT agents of Anglo-Spanish Law / Mr E R Wagner in any way at all and for whom E R Wagner / Anglo-Spanish Law / the Business does not accept liability in any way whatsoever), it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual, or other lawyful means. You may contact us for a copy of such safeguards in these circumstances, (although in the case of Spanish lawyers and other professionals taken on by E R Wagner / Anglo-Spanish Law / the Business reliance is placed entirely on the fact that all European Union / European Economic Area countries have very stringent Data Protection laws and E R Wagner / Anglo-Spanish Law / the Business never gets written confirmation that the people and organisations abroad are covered by the relevant Data Protection laws, and, therefore, a request to be sent a copy of the safeguards is always going to result in a negative because no specific, additional, safeguards are ever sought from anybody).

Retention of personal data

19. Your personal data will be retained for as long as is reasonably necessary for the purposes listed above or as required by the law. For example, the Notaries Practice Rules require that notarial acts in the public form shall be preserved permanently. Records of acts not in public form shall be preserved for a minimum of 12 years. Please contact us for further details of applicable retention periods. Personal data may, for reasons of security and convenience, be stored on remote data facilities albeit in an encrypted form.

20. We may keep an anonymised form of your personal data, which will no longer refer to you, for statistical purposes, without time limits, to the extent that we have a legitimate and lawful interest in doing so.

Security of personal data

21. The Business will implement technical and organisational security measures in order to prevent unauthorised access to your personal data.

22. However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we do not have full control over all processes involved in, for example, your use of our website or sending confidential materials to us via email, and we cannot therefore guarantee the security of your information transmitted to us on the web.

Data subject rights

23. Data subjects have numerous rights in relation to their personal data. For further information about your data protection rights please visit the ICO website at www.ico.org.uk. They include the following:

(a) The right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. This does not mean that clients can ask for their file, which is something that can only be done when clients have paid their bills in full. Compliance with a Subject Access Request is subject to certain limitations and exemptions and the rights of other data subjects. Each request should make clear that a Subject Access Request is being made. You may also be required to submit proof of your identity and payment will be sought, where applicable.

(b) Right of rectification. Data subjects may request that we rectify any inaccurate or incomplete personal data.

(c) Right to withdraw consent. Data subjects may at any time withdraw their consent to the processing of their personal data carried out by the Business on the basis of previous consent. Such withdrawal will not affect the lawfulness of processing based on previous consent.

(d) Right to object to processing, including automated processing and profiling. The Business does not make automated decisions. Profiling may be carried out for Business administration purposes, such as monitoring trends in user visits of our website, and in order to deliver targeted ads. The Business may use third party due diligence platforms which provide recommendations about data subjects by automated means. We will comply with any data subject's objection to processing unless we have a compelling overriding legitimate ground for doing the processing, or the processing is for the establishement, exercise, or defence of legal claims, or we have another lawful reason to refuse such a request. We will comply with each valid opt-out request in relation to marketing communications.

(e) Right to erasure. Data subjects may request that we erase their personal data. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as, our archiving obligations that we have to comply with.

(f) Data subjects may request that we restrict our processing of their personal data in various circumstances. We will comply, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing your personal data in a certain way.

(g) Right to data portability. In certain circumstances, data subjects may request that the controller provide a copy of their personal data in a structured, commonly used, and machine readable format, and have it transferred to another provider of the same or similar services. To the extent that such right applies to the Services, we will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the data subject's personal data, which may still be required for legitimate and lawyful purposes.

(h) Right to lodge a complaint with the supervisory authority. We suggest that data subjects contact us about any questions or complaints in relation to how we process personal data. However, each data subject has the right to contact the relevant supervisory authority directly.

Data Protection Privacy Notice updated 9 March 2022

 

The content of this website is for general information purposes only and should not be taken to, and does not, form part of any contract for services between Anglo-Spanish Law and clients. People wishing to ascertain what are the terms and conditions of business for any particular transaction should contact Anglo-Spanish Law on 01433-631508, preferably between 9.30 am and 2.00 pm Monday to Friday, for written terms and conditions of business to be sent to them, and not rely on this website.