Notary services, notaries, translations, powers of attorney, French property law, Spanish property law

Notaries or "Notaries Public" are qualified members of the legal profession appointed and regulated by the Court of Faculties under Acts of Parliament of 1533, 1801 and 1843 and the Courts and Legal Services Act 1990. Notaries have to have an annual Practising Certificate from the Court of Faculties and are required to have Professional Indemnity Insurance and a Fidelity Bond. Notaries are entitled to carry out conveyancing, probate, wills, draw up contracts and act for parties in all other non-contentious matters. In England & Wales they have a public duty of authenticating documents for use in foreign countries. A notary is empowered and expected to act for both parties to a transaction.

I can help you with all your documentary requirements for any country in the world including:

•	Attesting execution of documents
•	Providing certificates certifying the genuineness of copy documents, signatures & execution of documents
•	Taking Declarations, Affidavits, Oaths & Acknowledgments
•	Arranging translations
•	Preparing Powers of Attorney
•	Dealing with foreign probates
•	Dispute resolution & the recording of private and commercial agreements
•	Witnessing/attesting events and transactions
•	Preparing certificates of English law for use abroad

Notary Public Solicitor Commissioner for Oaths

I specialise in the sale and purchase of property in Spain & France. I speak fluent Spanish and French and have a Spanish secretary.

With regards to Spanish property I will investigate the seller's title and advise the buyer if it is acceptable. I will prepare a Power of Attorney for the seller or buyer who does not wish to attend to the matter personally in Spain or France. I instruct local lawyers to act as Attorney and ensure that the buyer gets a good title and the property is registered at the Land Registry and all taxes are paid and receipts obtained. I can help you with problems relating to your property and the probate of property in Spain and France and advise you on taxes and procedure for making wills to deal with Spanish or French property.

With regards to French property my role is limited to translating and advising on the documentation received from the French Notaire for it is the Notaire that handles the conveyancing process and registers title.

I can help you if you have a car accident and wish to claim damages in Spain or France and can assist you on a wide variety of other matters:

•	I speak fluent Spanish
•	I have a Spanish secretary
•	I am on a list of approved English notaries who practise in Spanish law issued by the Spanish Consulate in London
•	Spanish language powers of attorney are each tailor made for each client’s requirements
•	It is a bad idea to give a Spanish estate agent or lawyer a general wide ranging power of attorney since such a wide set of powers could be abused
•	Property fraud is a serious problem in Spain. Do not sign any document or pay any money to any person in Spain until you have sought my advice
•	Buying a property from plans is the riskiest form of property transaction in Spain. I advise whether you should proceed to purchase the property
•	I advise whether the proposed transaction is too risky. Does it have the hallmark of a property fraud?
•	Is the Spanish developer flouting their legal obligations under Spanish law-a problem almost always encountered when dealing with Spanish developers.
•	What documentation you should have and probably have not been given by the Spanish developer
•	The risks of buying a Spanish property without proper checking and documentary evidence of the seller’s title
•	The importance of the Spanish developer providing bank guarantees for all payments made on account.
•	The dangers of underdeclaring the purchase price
•	The importance of instructing competant Spanish lawyers to handle completion in Spain.
•	Legal matters in Spain are dealt with by abogados who are not solicitors and are not regulated to the same standard as UK solicitors. I have trusted Spanish abogado colleagues in various parts of Spain who I instruct to deal with property matters.
•	Advice on the dissolution of joint ownership of property in Spain and how this can save Spanish tax.
•	Transfer of Spanish jointly owned property to a person's sole name.
•	What searches are done in Spain before completion of a property purchase?
•	Why pre-completion searches in Spain do not give the certainty of information of their English counterparts.
•	What title deeds do you get in Spain?
•	How long does it take to receive your title deed confirming your ownership of the property?
•	Which law applies when an English person dies owning a property in Spain: is it English or Spanish?
•	Must a will be made in Spain? Will an English will suffice?
•	What of the Spanish system of compulsory heirs? How does this apply to the estates in Spain of deceased UK nationals?
•	How the answer to the foregoing involved a home in Spain and a collection of antiques left to Grenoble Museum.
•	Inheritance of property in Spain completed either by the sale of the property or by putting the property into the name of the beneficiary.
•	Liability for Spanish inheritance tax explained and the 5 year rule.
•	Payment of Spanish Inheritance tax arranged.
•	Winding up the deceased's estate in Spain.

•	I speak fluent French
•	French contracts never come with an English translation
•	To know what you are being asked to sign you need a translation of the contract
•	Clients should send the French notaire's paperwork to me in advance of a meeting during which the terms of the contract and the implications of the contents will be explained to the client
•	Client's concerns and queries can be raised through me with the French notaire
•	Plans of the property: where to obtain one.
•	French notaire will not protect a client's interest as would an English solicitor. Pitfalls will not be explained to clients. Notaire sends paperwork on a take it or leave it basis.
•	Explanation of the French conveyancing process
•	Power of attorney in favour of the French notaire's clerk
•	Title deeds: these do not exist in France as we know them
•	Attestation de propriété: the meaning of this certificate from the French notaire
•	The Acte Authentique is the conveyance of the property: when is this received?
•	The Acte Authentique explained and translated into English by me if required before completion in France
•	French powers of attorney explained and translated to you and authenticated for use in France
•	Wills: must a will be made in France?
•	Will an English will suffice
•	What of the French legal system of compulsory heirs and does it apply to UK nationals?
•	French Inheritance Tax explained
•	Advice and assistance with French inheritance and probate matters. Liaising with the French notaire to deal with deceased's person property in France.
•	Why adopting a French matrimonial regime to regulate the ownership of French property is advisable
•	What is a tontine clause?

PAUL SOULSBY WILLIAMSON LLB(Hons); N.P.
16 Priory Gardens, Berkhamsted, Herts HP4 2DS England
Tel: +44 (0) 1442 862 475 Email: paul.williamson@lineone.net

Regulated through the Faculty Office of the Archbishop of Canterbury

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