How to fill out a NIE form

I have been struggling to get much time to sit down and get to grips with writing the e-book but I have decided to just get down as much content as I can to the sub titles I have written down.

While writing about what a NIE is and who needs one and why, I was struck by an idea that rather than wait until the book is finished, and I have no idea when that will be, I should get something posted up now! Purely because getting a NIE, is an important part of the process in moving to Spain.

After all the beauty of the Internet is that it’s instant! Somebody out there wants to know what a NIE is, how they can get it etc, etc…

That’s easy they just look up NIE on google.  That’s Correct !

Having typed into google ‘How to fill out a NIE form’ I found many different websites with sources of information about NIE’s, I even found a company that will get your NIE for you! The qoutes for getting a NIE for someone in the UK are €370.18 or €547.29 for two. That’s expensive, in my opinion. My relocation companycharges €100 to accompany clients, translate and aquire their NIE, here in Spain. 

What is clear is that help is missing when it comes to on how to fill out a NIE form, so I have come up with the idea to supply a link to download the NIE form EX-14 and make a video and PDF translated document on how to fill out the NIE form.

This should be of help to those who want to prepare everything they need before they travel to Spain, those people who have bought off-plan properties where the Developer or Promoter doesn’t offer the service of acquiring a NIE or those people applying for their NIE via the Spanish Consulate in their home Country.

This should be available within a week or so 🙂

UPDATE: Okay, after a little more research using different keyword phrases around the word NIE, I have found a few sites that have translated the NIE form into English. May be there is a market to translate it into German, French or even Chinese? I see no real reason to re-invent the wheel but I shall continue with the my idea, as written above and make it a bit more accessible in video & PDF form. So, carry on watching this space!

Latest Update: 30th December 2010. I have had a change of heart. While writing the ‘HOW TO GET A NIE’ section of the e-book, I have gone into such detail on how to get yours, download the application forms and how to fill them in and the cost and the documents you will need etc. I have decided not to post the PDF & video here, instead you will be able to get all this in the e-book ‘The A-Z of Moving to Spain‘.

A-Z of Moving to Spain

A-Z of Moving to Spain

I don’t know where I am going to place this, may be it will go to as a sales page for the book or possibly as a prologue but I definetly think it is important I let people know the reasons for writing it.

What do you think of this piece and where should it go?
COMMENTS BELOW PLEASE.

IT WON'T BE A LEMON, I PROMISE!

You might think the reason behind writing this book is Money or the fact I have moved to Spain, could not get a job so like quite a few others decided to knock up a quick e-book and make a fast buck on a subject where you can find all the information you need, easily on the internet.

If thats you and you are sceptic on spending less than the cost of a single trip to McDonalds for a meal on something that will almost certainly give you more information on how to successfully move to Spain than any other e-book written before, then I’ll tell you a little about me and the book before you head off to McDonalds!

Yes, money is one reason I’ve written this book. Of course it is otherwise I’d give it away for free.

Now we have got that out of the way, I’ll swiftly move on!
I moved to Spain at the time of writing this, 8 years ago. I didn’t speak Spanish and unbeknown to me Andalucia has a really strong dialect that is very hard to get to grips with at first. To add to that, Andaluces tend to leave off all the endings off a lot of words and sometimes sound like they are speaking with a lisp! ‘You’ve been warned!’

With my wife being Spanish I obviously had an advantage and my life was made easier having someone who spoke the language. That said; my wife had been living in London for 10 years and found moving back to a different part of her homeland a big culture shock.

Things don’t normally work out as you think they will and thats what happend to us. We thought she would get a job fairly easily but after a few months of trawling around the City passing out our CV’s to all sorts of companies the feedback we got was that she was over qualified. That’s still a phrase I don’t really understand. If I was an employer I’d much rather employ someone I knew could easily fill the position and had the qualities to benifit the company rather than someone who would need their hand held and need to be trained.
Still that’s probably why I am not an employer.

To cut a long story short, after about 5 months I got a job and that’s when I knew my Spanish had to improve.
I had already taken a 1 month intensive beginers course before finding employment, which had given me a base.
I have worked for several Spanish companies since and have learnt a lot along the way. For the last 4 years I have been running my own Relocation & property management company, in Jerez, Cadiz.

So, you see I am not out of work and not just after a fast buck!

Now, all I have to do, is convince you that having all the information & resources in your hand and in one place, will save you from wasting 100’s of hours trawling the internet for each peice of the puzzle of information you need to arm yourself with.
Well, even better than that because I have read lots of forums, e-books, articles and websites and the one thing they all have in common is that they all tell you what you have to do when relocating to Spain but they don’t tell you how to do it.

That’s why I have written this e-book and that’s why it is called ‘The A-Z of Moving to Spain: Not just what to do but HOW to do it!

Teach yourself Spanish

Yeah, the title is a bit misleading but if you want to make your new life in Spain not only a successful one but also an enjoyable experience, LEARN SPANISH.
Is it hard? Well, yes it is and the older you are the harder it seems to get but it is so worth it.
I can’t begin to stress enough how much easier your life in Spain will be if you can understand and converse in Spanish.

These days it is very easy to listen and watch Spanish TV, Radio, movies and videos via the net and it’s nearly all free.
Just get used to listening to the sounds of the language. If you have children who are also learning buy them the most popular books translated into Spanish. Depending on their ages of course but well known books like Alice in Wonderland, Snow White, Aladin or Harry Potter etc You as the parent can read with them and be able to make sense of most of the words as you know how the story goes!

Every little helps, lots of Spanish pop songs are repetative, just listen along.

If you really don’t have much time, as you have already decided to take the plunge and have a moving date start or buy a Spanish course NOW!
A very good course that teaches you in a very different style is one I wished I’d found before I came to Spain!

It’s called Synergy Spanish by a guy called Marcus Santamaria. He has helped thousands of people in more than 43 countries overcome their barriers to learning and become great at speaking Spanish.

Even if you have felt too old for Spanish or not gifted at languages, Synergy Spanish is made simple in to brain friendly learning method so it will work for you.

With this simple approach anyone can speak Spanish. Try it for yourself, just click here to take a look. Synergy Spanish

Relocation to Spain – Article 3

Relocation to Spain – Article 3

RELOCATION TO SPAIN 3

NIE’s, Empadronamiento and what it all means to you…

If you have investigated buying a property in Spain, you would almost certainly come across these two strange words but what do they mean?

What is a NIE number?
NIE stands for ‘Número de Identificación de Extranjero’. Translated means ‘Identification number for foreigners’.

It is the identification number used in Spain for non-residents. It is similar to the National Insurance number in England, the NIE allows you to pay taxes in Spain and it is used to track your activities in Spain.

You cannot purchase a property in Spain without an NIE number. All foreign citizens require a NIE before they can sign the purchase agreement. It is not only property purchase’s that require you to have a NIE, you will also require it for obtaining a
Spanish mortgage, buying or registering a car, setting up a business in Spain, applying for a credit card/loan, applying for a Spanish driving license etc.

So what does it look like?
It is a sheet of A4 paper that has your details, address and NIE number and an official stamp. Rather disappointing for all the work you have to do to get it! Look after it and make lots of copies.

How do I get it?
1. Apply for NIE number in person in Spain (local police station).
2. Apply for an NIE number in person via a Spanish Consulate.
3. Authorise a 3rd party to apply on your behalf, (Power of Attorney).

Empadronamiento, what is it?
Officially known as Padron Municipal, it is a record of local residents. This record is held at the local town hall (Ayuntamiento) and is basically the equivalent to the UK’s electoral role.

Why is important that I get this?
If you are going to buy a property or even rent one you should register, as your local municipality receives funds for every person living in the local area. In turn this pays for local services and infrastructure such as policing, cleaning, local health care etc.
If you have children it is imperative you register, as preference will be given to registered children.
All in all if you want to improve the area in which you live, get ‘empadronado’ and become an official member of your community.

How do I get it?
Once again, go to your local town hall to register. You will need your passport; NIE and if you are a homeowner, a copy of your ‘escritura’ (title deed) or your rental contract, should you be renting.
You are entitled to a certificate but you should ask for it, these can be done individually or one to cover all of your family. The certificate is useful should you need to prove to any official authority that you are empadronado.

Here’s wishing you a successful move to Spain!

Making a Will in Spain

Making a Will in Spain

August 2015 Update: Regulation 650/2012

European Regulation 650/2012 will have on an impact on all foreign residents who live and own assets in Spain and who have made a Spanish will.

In force since 2012, the regulation introduces significant changes to Succession that may require you to make a new Spanish will. These changes will come into force as from the 17th of August 2015. Anyone affected by it that passes away on or after the said date and who has not updated their Spanish will accordingly may cause devastating problems to their beneficiaries (normally family). Please inform yourself about Regulation 650/2012 and take legal advice when making a Will in Spain.

 

1. Who can make a will in Spain?

As a general rule, the testator must be, at least 14 years of age, and legally capable to make a valid will.

2. Types of wills

2.1. Holographic will

Anyone who had come of age can make this type of will.

It shall be written entirely in the handwriting of the testator and shall be dated and signed by him on every page. It must be verified as genuine before a judge. It is required that the handwriting of the decedent be authenticated by witnesses, who must be the decedent’s closest relatives.

Once it is verified, the judge will enforce the will’s contents. The estate shall be distributed in accordance with the provisions of the will.

2.2. Open will

This is the usual form of will for most people in Spain. It is made before a Notary, who shall keep the original document in his files. The Notary will send a notification of the will to the Central Registry of Spanish Wills (Registro Central de Última Voluntad) located in Madrid.

The Notary may request the presence of 2 witnesses, who can also be required in case the testator is blind or illiterate.

It must be shown that a minor, a person who is blind, deaf, dumb, and the spouse and closer relatives of the testator cannot act as witnesses.

2.3. Closed will

Executing this will you will keep secret your provisions putting them in an envelope.

You shall declare before the notary that your provisions are contained in the envelope and declare whether you have written them by yourself or it has been written by a third person, also you shall declare whether you have signed it or it has been signed by a third person for you.

The notary then seals the envelope and signs it, then he files it and send a notification of the will to the Central Registry of Spanish Wills (Registro Central de Última Voluntad) located in Madrid.

This will cannot be made neither by blind nor by illiterate persons.

3. The Central Registry of Spanish willsbits-26

Every will has got a certification number in Spain which is kept on file to the Central Registry of Spanish wills (Registro Central de Última Voluntad) located in Madrid. The certification numbers of all Spanish wills are kept in this place in order to ensure that the estate neither be sold nor transferred illegally.

A legal copy of a will can always be found there. In case you don’t know whether the decedent made a Spanish will or not, or if the will is lost, you can request a certificate to the central registry under the deceased person’s name. If the will exists, the registry will provide you with the number and the name of the notary who made it in the first place,this will enable you to get a copy of the will from the notary.

The certificate can only be applied within15 days after the testator’s death.

4. Revocation of the will

To revoke a will the testator must have the same mental capacity as it is required in making one.

The provisions made in a will can be revoked even when the testator had previously declared his intention of not revoking these.

A will may be revoked by the execution of a new will, which may amend, replace or make ineffective all prior wills. It can also be revoked when the testator declares before a notary his intention to cancel or keep any of the provisions of the will. The alterations shall be made under the same conditions as in making the previous will.

If there is more than one will, only the last one made is legally valid. You can be informed about the number of wills the decedent made by requesting for a certificate to the Central Registry of Spanish Wills.

5. Nullity of the will

A will is null and void in any of the following cases:

The “joint will” with provisions agreed upon by two or more persons.
If the testator had no legal capacity to make it.
The will made by a testator who is subject to domination, fraud or duress.
When the testator designates as beneficiary a person who is unknown and cannot be identified.
When the testator designates as beneficiary a person who is not legally capable.
If the testator had revoked the will.
An olographic will is null if it is not filed before the Judge within 5 years after the testator’s death.
A closed will is null if its covers or the envelope containing it are damaged, or if the signatures are deleted, unless it can be proved that the testator damaged his will during a state of mental derangement.

September 11 1466. Scope of inheritors

Who shall inherit the decedent’s property in Spain and in what proportions it shall be distributed?:

a) If the decedent died leaving a valid will, the persons who shall inherit his property will be the following:

Compulsory heirs: The Spanish laws of succession determine obligatory heirs, who shall inherit at least, one third of the decedent’s assets, this portion is called “la legítima“. The obligatory heirs of the deceased are:
In the first place his children (biological children and individuals adopted) and his issue,
His ascendants, when the deceased had no descendants.
The surviving spouse shall receive the usufruct over one third of the estate, in case the testator died leaving issue. Over half of the estate, when the decedent died without issue while his ascendants were still alive, or over two thirds of the estate, if the decedent died without ascendants nor descendants.
The voluntary heirs: The testator may leave part of his assets to the persons of his choice. Beneficiaries may inherit those assets exceeding the third of the estate named as “la legítima”. The surviving spouse shall receive the usufruct over third of the assets, , or over half of the estate, when the decedent died without issue while his ascendants were still alive.
If there are no compulsory heirs, voluntary heirs may inherit all the decedent’s assets.

Along with the compulsory and voluntary heirs, the legatees will inherit specific assets that the testator may have disposed for them.

b) If the decedent died intestate:

If the decedent dies leaving no will, the Spanish law of succession determines who shall inherit. The decedent is considered to have died intestate in the following cases:

When there appear to be assets which have not been included in the decedent’s will. These assets shall be distributed in the manner that the Spanish law provides for intestacy.
When the heirs do not accept the will, or it is not accepted within the period legally required.
When the inheritor is incapable of inheriting.
When the will has being destroyed.
When the will does not include all the obligatory heirs, or includes someone considered as compulsory heir when he turns not to be.
When the will is null.
The Spanish laws of succession set out the following hierarchy of inheritors in case of intestacy:

Descendants: The decedent’s issue and their descendants will inherit in the first place. Either legitimate, illegitimate child or individuals adopted have the same succession rights.
Ascendants: They will inherit when the decedent dies without leaving issue. They will inherit in equal parts.
The spouse will inherit if the decedent has neither issue nor ascendants.
Collateral family: If the decedent had neither descendants, nor ascendants, nor spouse, his brothers and/or sisters will inherit equal parts of the estate. Nephews/nieces will inherit the portion that would have corresponded to the brother/sister deceased (brother/sister of the testator and father/mother of the nephews/nieces who shall inherit)
Cousins will inherit when there exist no one of the individuals above mentioned.
The Spanish Government will inherit when there exist no one of the individuals above mentioned.

7. Share of the inheritors in succession

If the deceased was married under community property marital regime, which is the general regime for matrimonial property in Spain (though some Spanish regions such as Catalonia, Basque Country, etc. differ from this regime), half of the decedent’s property do not form part of the estate, but continues to belong to the surviving spouse.

The other half of the estate less the charges must be divided intro three equal parts. The surviving issue will inherit at least one third of the assets, which is called “la legítima“, another third of the assets must also be left to to the children, but the testator may decide how this is to be divided. The surviving spouse shall receive the usufruct of this third of the assets, and the inheritors cannot dispose of it freely until the surviving parent dies. The testator may leave the last third of his assets to anyone he pleases.

When the decedent died without issue and descendants, the surviving ascendants shall inherit one third of the estate, if there is a surviving spouse, and half of the estate, if he has no surviving spouse. When there are neither children nor ascendants, the surviving spouse shall inherit the usufruct of two thirds of the estate.

8. DisinheritanceOctober Rota 2015 072

This is the act of a person that has the effect of depriving an obligatory heir of the property that would have been distributed to that person under the Spanish laws of succession. Disinheritance can only be made by leaving a valid will.

a) In general terms, the testator may disinherit an obligatory heir on the following grounds:

When the testator’s parents had deserted, prostituted or corrupted their children.
For using any act of violence or coercion to hinder a testator from making, modifying or hiding a will.
If the inheritor had used any act of violence or coercion to force a testator to make or modify a will.
The heir may be disinherited were he condemned for having attempted to take away the life of either the testator, his spouse, descendants or ascendants.

b) Specific reasons to disinherit his descendants could be the following:

If the descendants had refused sustenance to their parents, having the means to afford it.
When having maltreated physically, or seriously insulted the testator.
c) Specific reasons to disinherit the parents to disinherit the testator’s parents are as follows::

To have been deprived of the paternal authority that belonged to the legitimate father or mother upon the testator child, owing to a sentence based on the non-fulfilment of the duties involved in paternal authority.
. Having refused to provide food and nourishment to their child.
d) Specific reasons to disinherit to his/her spouse can be the following:

To have refused sustenance to his/her child or the spouse, having the means to afford it.
If the spouse had attempted to take away the life of either parent, when there exist no reconciliation later.
If the disinherited legitimary challenges and disputes the disinheritance alleging the non-existence of the reason, the evidence that such cause did exist corresponds to the rest of the heirs.

The child and descendants of the disinherited person shall keep their rights as obligatory heirs

The reconciliation of the testator with the legitimary who has incurred in cause of disinheritance, leave the disinheritance without effect.

Testamento9. Acceptance, repudiation of the inheritance

Acceptance is a declaration of the heir’s intention to inherit all rights and obligations that belonged to the decedent. He may accept through a public or a private document, it may also be accepted tacitly, by taking the assets he was left.

The heir may accept the inheritance in profit of inventory “a beneficio de inventario“, which means that the heir will only pay the decedent’s obligations up to the limit of the assets contained in the will, otherwise they shall pay the total amount of the debt even with their personal property. It is advisable that the heirs accept in profit of inventory when it is uncertain the deceased’s ability to pay the debts he contracted. The acceptance in profit of inventory can be made before a notary, a judge or before a consular agent, in case the heir is not in his country of origin.

The heir may renounce the inheritance by declaring it on a public deed before a notary or a judge. If the summoned individual repudiate an inheritance in prejudice of his creditors, these will be entitled to request from the judge that he authorises such creditors to accept the inheritance in the name and in lieu of the repudiating party, for the sole purposes of recovering their credits on the hereditary estate. The creditors then shall recover their credits on the hereditary estate. The remaining assets corresponding to the debtor heir, who renounced to the inheritance shall be shared among the rest of the inheritors.

 

Acceptance or repudiation of the inheritance shall be declared within 30 days after the death of the decedent.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice.

This article was taken from http://iabogado.com/

iAbogado is an English-speaking firm located in Spain.