0:00
whether you've been in Spain for six
0:02
months or six years don't miss
0:04
payethaire and a red ear in conversation
0:06
with Moody on Bay radio every other
0:08
Wednesday at 10 A.M payathaire and
0:10
eredia are your International lawyers on
0:13
the Costa Blanca and have been looking
0:14
after the expat Community for more than
0:16
a decade see more at alicantylawyers.es
0:19
and it is definitely this week that
0:21
Ignacio is here from payathena Radio
0:23
we're all back together how are we doing
0:24
very good running around again with
0:27
traffic today early in the morning
0:28
battling traffic thanks for the traffic
0:29
update I don't get to do that very much
0:31
on the breakfast show in the UK it's a
0:33
big thing obviously rush hour and all of
0:34
that but um there's not usually that
0:36
many problems away from the bit around
0:39
you come yeah I'll keep you updated when
0:42
they come I will just text you and just
0:44
especially for people who's uh going to
0:47
the airport oh I was just talking to you
0:49
um well you use the word chaos many
0:51
people have about what's going on in the
0:53
UK at the moment so I said how many how
0:54
much notice do you take over here if um
0:57
having the Spanish the UK situation
0:59
government-wise I know um but probably
1:02
more post-brexit but also I did see when
1:04
when the queen died it was a huge thing
1:06
yes it was they went straight to that on
1:08
the Spanish TV as well yeah it's quite
1:10
quite popular you know it's quite
1:11
popular he's always present in our news
1:15
um on a daily basis I just watched this
1:17
morning early in the morning
1:19
um that there is a new prime minister
1:22
and we are quite surprised we don't
1:24
follow because we probably don't
1:25
understand or the Press doesn't explain
1:29
um how all these things could happen you
1:31
know it wouldn't happen here you know if
1:33
we just if the Coalition stops then we
1:36
need to go to elections again so we
1:39
really don't understand very much why is
1:41
this happening on ongoing after brexit
1:43
or espanol still don't understand why
1:46
did it happen you know but but with
1:48
chill fellow you know as as the
1:50
neighbors and our close friends that's
1:52
fine us up pretty get along very well
1:54
with British yes and the public would do
1:56
but obviously yourselves I would think
1:58
even more keenly because you deal with a
2:00
lot of Britto yeah here in Spain yeah
2:03
yeah we follow up and
2:05
um and uh but our clients in Murray are
2:08
not happy at all with the situation so
2:10
so we always get this feedback from from
2:12
them on a daily basis saying
2:15
um what's going on that's the question
2:17
that's what's going on you probably will
2:19
tell us not well yes I I do as much as I
2:22
need to do to to get by on this show but
2:24
I try not to get into it in the
2:26
afternoon they cover that and they're
2:27
single guests as well right um so right
2:29
across all of that that's going on and
2:31
some bits here in Spain as well but
2:33
let's get talking legal stuff actually I
2:35
did have a question through already and
2:36
anyone that wants to come through in the
2:38
next half hour or so you can do so usual
2:40
WhatsApp number 684. four double five
2:43
eight double four still have to look on
2:44
the wall I've been here enough that
2:46
number for over five years now but this
2:48
was David Muller and we talked a lot
2:49
about property last time you were in
2:52
um you know and how it ties in with the
2:53
visas and all of that but this is a
2:55
quite a good question I thought so
2:57
there's a there's a UK competition going
2:58
on at the moment it's run for charity so
3:00
you'd buy like a almost like a lottery
3:01
ticket I suppose the top prize is a
3:04
villa in Marbella worth two million
3:06
pounds so if the UK resident won that
3:09
would they qualify for the golden Visa
3:12
because obviously it's over the 500 000
3:15
um but could they automatically get
3:18
their golden Visa along with that
3:19
property right well the the right answer
3:22
will be with another question is how
3:24
they're going to transfer the property
3:25
into their name you know because if
3:29
they're going to do a gift
3:30
there is a gift tax they will need to
3:33
if it's two million pounds then you need
3:36
to pay the gift tax in Spain
3:41
um or that transfer how they're going to
3:43
do it so the questionnaire will make to
3:45
to the promoter of of the business is if
3:49
we win how are you going to transfer the
3:52
property are you going to just transfer
3:54
like selling property but that's not
3:56
really the correct way because you're
3:58
not buying are you donating if you're
4:00
donating you need to pay up to 37 tax on
4:04
that okay for that yeah so I I'm
4:07
wondering Moody how they're going to try
4:08
what is a plan to transfer the property
4:11
or is it only about the use of the
4:13
property if yes or do you become the
4:15
owners of that property or did you just
4:17
get the use of it that you say but um it
4:19
would uh yeah there's lots lots of other
4:21
questions there's probably some very
4:22
fine print there that you need to get
4:24
your Jeweler's eyepiece in on and scan
4:25
through that but um yeah I thought it
4:27
was worth putting to you yeah yeah you
4:29
know it's it's I mean if you get that
4:31
property it's always nice anyway whoever
4:33
you you get that Visa or not that's
4:36
um that's always nice
4:38
um now now how are they going to
4:40
transfer on to you is a good question is
4:42
is how how if you end up having that
4:46
how is it going to be legally in your
4:48
name that will be my question to David
4:50
yes so let's hope he can explain that
4:52
next in next job yeah yeah I bet um if
4:54
he went back to them and said yes I have
4:56
some questions I've spoken to my lawyer
4:58
do you want to buy a ticket or not
5:01
I suppose if it's worth two million you
5:03
can sell it and make something on it
5:07
I don't think I wanted to ask because
5:10
um you know we don't see you for a
5:12
couple of weeks you're doing all sorts
5:13
of cases how much of the sort of real
5:16
sort of criminal end do you do
5:18
representation right okay in general
5:21
terms is is the criminal that we
5:24
normally deal in the office is all
5:26
related about family issues or as well
5:30
economical issues all related with fraud
5:33
or or just but there is actions even the
5:37
tax office could start an action against
5:39
someone if it goes over a hundred
5:41
thousand Euros you see and they could
5:44
start and we can represent that
5:47
um but most of the cases that we deal
5:50
now there is a lot of false you call it
5:54
uh taking over your personality there is
5:56
a lot of fraud on internet and identity
6:01
um that as well but this is pretty much
6:03
about reporting to to the wadia more
6:06
than anything else and we are but yes
6:09
um meets appropriation about money is is
6:12
a lot of thing discussions about that
6:15
it's what they call white collar crime
6:17
yes yes that's that's in general I mean
6:20
you you always get it during gun driving
6:24
um and you've got a variety you know
6:27
even even you end up having sometimes
6:30
even more difficult cases to deal but
6:33
but I I enjoy criminal law is is is good
6:37
it's good practice and
6:40
um and yeah it's something that we we do
6:43
in reasonably you know is is always is
6:46
integrated into a daily a daily thing in
6:51
the office sure yeah it's just that some
6:53
of the shows that some of us have grown
6:54
up on I mean I didn't grow up with it
6:56
but I've watched some sin so Rumpole of
6:58
the Bailey though I don't know if you're
7:00
um used to represent in the in the Crown
7:02
Court there in um you know in the Old
7:05
Bailey right but he would always defend
7:07
he wouldn't he would never prosecute and
7:08
he's always different like London
7:10
villains never wanted to prosecute
7:12
anyone so Everyone's entitled to a
7:14
defense actually that's another thing as
7:16
well I think I may have asked you this
7:18
before if you're someone's you know
7:20
hired you and you kind of know that
7:23
they've done this you know
7:26
and it's a moral thing sometimes maybe
7:28
yeah you're right I mean every lawyer
7:31
has has the right to accept the case or
7:33
not so that's when you first have the
7:36
interview with a client then they will
7:38
explain to you on a confidential basis
7:40
what it's all about and then
7:43
um you could tell them how you see the
7:46
case going through and what are the
7:48
possibilities so normally we will
7:50
discuss the issue on the first
7:52
consultation we will see what is the way
7:56
um what's the best case that scenario
7:57
worst case scenario or just possible
7:59
scenarios the cost involves
8:01
and and the client is the one who
8:04
decides yes you've touched something is
8:06
about the moral yes I agree with you
8:09
um we we really strong on morals and we
8:13
wouldn't handle certain cases out with
8:15
things completely even though they have
8:18
the right to have a defense yes yeah
8:20
yeah um they could go from legal age if
8:22
they want or they could go to a
8:25
um in general in general a scenario Modi
8:28
we are pretty much online with our
8:31
clients and and I don't have any
8:32
complaint or many cases that I reject
8:36
because of something very weird or
8:38
something very uh or they're lying to me
8:41
you know I mean there is one one thing I
8:44
will not accept is them lying to me
8:45
because it's bad for them anyway if you
8:47
lie to me how I'm going to defend you
8:49
right uh and then once once you say
8:51
something we need to understand in what
8:54
picture you are and what a scenario you
8:56
are and what is worth just settling
8:59
with a public prosecutor or just
9:02
fighting yeah in general times
9:05
except sometimes drinking and driving
9:07
which is quite obvious sometimes
9:09
drinking and driving sometimes we settle
9:12
but it's all depend on stress on clients
9:14
you see some some clients might say now
9:18
um stress myself with all this I don't
9:21
you know we get it settled and then if I
9:24
need to give in my driver license for
9:27
six months or whatever I will recover
9:28
that because you know there is special
9:30
program for you to get the points back
9:32
yes is what is it doing in there taking
9:34
um classes and the like yeah correct so
9:36
settling in that respect is something
9:40
not quite common but very very normal if
9:44
clients want to settle because for us
9:46
it's not a point to defend it if there
9:48
is always an argument to make or you've
9:50
got a point and then sometimes you'll
9:52
say to them look you don't want this to
9:54
go to court so let's just get it settled
9:56
for you yeah the best value we normally
9:59
do is to analyze a case study the
10:02
situation and then study every single
10:04
option so there are not surprises I mean
10:06
best case that scenario worst case
10:08
scenario possible scenarios and then
10:10
sometimes in life you need to play the
10:14
um because it's all depending on the
10:16
evidence you have and um and a procedure
10:20
because sometimes we just say well
10:22
justice but just as I always say is a
10:25
procedure I mean in impurity Justice is
10:31
um a procedure is is something that
10:33
tries to be Justice you know try to be
10:35
just uh and and unfair but the
10:39
procedures could turn out upward
10:44
um sometimes good in your favor
10:45
sometimes against your favor you know is
10:49
um dealing with the tax office there is
10:52
always a procedure and it's all
10:53
paperwork trial you see yes yeah yeah so
10:58
um there is a presumption of innocence
11:01
in Spain and and they are the one who
11:06
um the one who denounce you is the one
11:08
or the public prosecution is to prove
11:10
due to the wrong on purpose in general
11:12
times you know is what we call it you
11:14
need to do things culturally and or
11:17
negligently so similar to UK yes so yeah
11:19
innocent until yeah the burden of proof
11:21
is on them too but I don't know I dealt
11:24
um last time I think uh it was a very
11:27
hot trial in Almeria a criminal one and
11:32
um I mean I was very happy because they
11:34
dismissed the claim against our criminal
11:37
claim against our client
11:38
sometimes is it happens because
11:42
you know when you come over to Spain you
11:44
relocate yourself you don't know who to
11:46
go to you don't know the law obviously
11:51
um you end up with a translator or you
11:53
end up with a state agents that put you
11:56
in a picture that probably you don't
11:58
really want to be in
11:59
and you start falling into a trap and
12:04
then the the vendor or the landlord you
12:09
know this is very delicate and and they
12:11
were accusing our client of stealing
12:14
um the inventory the furniture but there
12:16
was no inventory they were asking about
12:18
five six thousand Euros really yeah and
12:21
there was no inventory at the beginning
12:22
and and unfortunately muddy the
12:25
procedure that's the thing you sometimes
12:27
cannot stop the stress of all the
12:29
procedure not everybody is is up to put
12:32
up with it no sure you know we it took
12:36
us three years wow just to clear the
12:38
whole case up yeah and he did nothing
12:40
but he defended you know sometimes some
12:43
people might say oh I will accept him
12:45
just I don't want to deal with it you
12:47
know but but this guy wanted to just
12:49
defend himself because a principle the
12:52
problem I always say principles cost
12:56
um and and sometimes it's a debate about
12:59
um what you should do in that
13:01
circumstances I always I always
13:06
um to to speak to lawyers
13:11
not regularly as as long as you need it
13:13
it's always cheaper is always best you
13:15
know it's like tax planning one thing uh
13:18
what things are right what things are
13:22
um what's the best way to do this thing
13:25
buying a property how not to fall into a
13:27
trap you know it's always better yeah
13:30
especially if you've just moved over
13:31
here just make sure you you're on top of
13:33
what I mean yeah I mean I mean it
13:37
sometimes well mistakes cost a lot of
13:41
and and you don't need that and um and
13:44
with the criminal thing as well
13:47
sometimes happens is unfortunate as well
13:49
there is a lot of unfair procedures a
13:52
lot of them I dealt with one recently
13:56
um but it went in from the criminal it
13:58
goes into family so when sometimes goes
14:02
and they they just took
14:05
um they removed the custody of a lady
14:09
um incorrectly to my knowledge unfairly
14:12
because of just an statement
14:15
and he was automatic and that was so
14:19
difficult you know we had a it took us a
14:21
year a year and something to get her
14:26
yeah those would be that would be a big
14:27
thing with the family lawyers the
14:28
custody of children you did that's where
14:30
you come in as well yes yes to say I
14:33
died someone's a couple of people said
14:34
to me in Spain it's you know pretty much
14:36
they'll say it comes they come down on
14:38
the mother's side not necessarily no no
14:40
you having now there is a new doctrine
14:43
is going now in 1550 John custody
14:46
now obviously if if the mother has more
14:51
um more ability but at the end of the
14:53
day you always look after the best
14:54
interest of the miner
14:58
and the judge really tries to share
15:02
is the best thing for the miner you know
15:05
I I always say when they come to the
15:08
it will be always best
15:12
a divorce settlement and agree on on
15:15
certain terms and conditions it will be
15:17
best for you both for the family for the
15:19
children especially and always will be
15:21
cheaper because when they say how much
15:23
is going to cost me these will say it's
15:25
like building uh how many floors you're
15:28
going to build one floor two flow
15:30
through and it's a never-ending story
15:31
you say is is and and I always try
15:36
to to make it happen because I think is
15:38
the beauty of of the profession here
15:40
will be just to try to make
15:42
uh just resolve problems you know that's
15:45
that's the beauty of it when you cannot
15:49
the Charlie's the one who suffers then
15:51
obviously the family
15:53
and and then he ends up costing you
15:56
for the procedure and probably yeah and
15:59
it's breaking into Parts being expensive
16:02
yeah I know it's happened to a couple of
16:04
people that I know yeah it's a
16:05
long-running battle when the other
16:07
person's not playing along I do like to
16:09
see when when a couple separates and um
16:11
it's amicable and they share the custody
16:13
just you know instantly without having
16:14
to go to courts that's always quite a
16:16
nice thing yeah yeah
16:19
do it the right way yeah I mean it's
16:21
that easy you technically if you use
16:24
play tap officially and legally you need
16:27
to go to court you know but it could be
16:28
a formal it could be a thought you could
16:30
use the same lawyer you could use the
16:32
same court Runner and everything could
16:34
be like a contract uh written down and
16:36
agree by the two parties the public
16:38
prosecutor will accept that is good for
16:42
which in general terms and as is
16:44
something crazy they will agree
16:47
and if you want to change and modify the
16:49
measures or the regime or whatever then
16:53
you're allowed to do it I mean globally
16:55
again or just through the chords okay
16:59
um I I really uh persuade people and
17:03
clients to try to reach and every time I
17:04
go to the court before the hearing I try
17:08
find sense to the whole you know common
17:12
sometimes the judge judge cannot
17:16
help too much if he's broken into Parts
17:21
um there is not a nice solution is it
17:24
um if you negotiate with both parties
17:28
um then you might find the best solution
17:29
for for all of them yeah you know
17:33
um but yes I encourage people to do so
17:36
but sometimes you can't you know nice I
17:38
just thought we'd ask you about it's a
17:39
few different bits as I say because we
17:40
we cover the property in uh
17:43
the Visa side of things which we'll do
17:45
again in just a moment because you've
17:46
got a webinar coming up next week and
17:47
the last one we did was about properties
17:49
as well but interesting to get to a
17:51
little insight as to sort of some of the
17:52
day-to-day cases you handle every time I
17:54
talk to you we get um flashbacks of my
17:56
one prosecution which we're fishing
17:58
without a license back in 1991. I didn't
18:01
turn up at the court they just uh but
18:03
sent me a fine so that was enough to
18:05
scare me straight what I recommend and
18:09
um basically because there is so many
18:11
fiosks that when you relocate you need
18:14
I recommend you to use a firm that helps
18:17
you with everything if possible you know
18:19
if it's not possible then you obviously
18:21
you give one probably the conveyancing
18:23
the other one to the the Visas the the
18:26
um but but it's always you always lose
18:29
information you know while you're buying
18:31
you want to do your visa and it's all
18:33
connected so in our office what we do
18:37
um is different departments but we talk
18:38
to each other you know so if we need to
18:41
have the Visa this time and the other
18:43
you know it's all connected so that's a
18:45
good thing yeah I hesitate to use the
18:47
phrase One-Stop shop but it's it's kind
18:49
of yeah it's it's sort of cheapens the
18:51
thing a little bit but you know it's
18:52
everything on their Hub yes that's
18:54
that's what one client of ours said in
18:57
in a testimonial is Martin wood he's got
18:59
in a website the testimony says One Stop
19:01
Shop is is excellent because well it
19:04
makes sense for you to do you know I
19:06
mean like you have so many issues Emily
19:08
I mean let's let's talk about how about
19:10
the tax planning as well I'm selling my
19:12
housing abroad and I'm moving here how
19:14
to do the most efficient way that's the
19:16
first question you'll have second what
19:20
time paperwork and how much it costs
19:24
then buying a property in Spain is about
19:27
to buy in renting is good questions I
19:30
mean rent to buy yeah then in Wales when
19:32
do you make will when
19:35
um part of Tani when it's necessary so
19:38
there are a lot of questions related
19:40
that probably if you go just to to one
19:44
person that only deals with one thing
19:46
you're going to be missing a lot of a
19:48
lot of questions you know it's all
19:49
related yeah and it's all very well they
19:52
can refer you to somebody but if you can
19:53
do it all I think on the wrong river is
19:56
great that thing is great if not okay
19:58
well then uh try to try the best to do
20:02
and uh try to do even though he's
20:05
probably more work for you because you
20:07
need to find probably four or five
20:08
different lawyers to help you with that
20:12
um that's why in all these webinars and
20:14
video conference they are very good
20:15
because we could talk about everything
20:18
yeah and if if there is something that
20:20
we don't know we'll study for you or
20:22
just probably refilled someone
20:24
phone the relocation side we're pretty
20:26
comfortable okay so that's next Thursday
20:34
um yes and it will be one hour and the
20:37
whole point is for them to start sending
20:38
Impressions because this is what we're
20:40
going to concentrate on on their their
20:43
questions yeah so if you want them in
20:44
advance so you can do a little bit of
20:46
I'm sure you'll know the answers off the
20:47
top of your head anyway but it's nice to
20:49
you you go into Yuri lawyer used to
20:51
going into stuff with all the crap done
20:54
um so and you can you need to register
20:56
ahead of time obviously to do that to to
20:58
be interactive on there so it's Alicante
21:00
lawyers.es if you go to the live TV bit
21:01
in there yes the webinars are okay and
21:05
and if you do Facebook as well you could
21:06
find it in Facebook I think LinkedIn as
21:10
um just to register I think
21:12
um and if you cannot make it on that
21:14
time it's going to be recorded the only
21:15
problem is that if if you
21:18
want to address that question and and to
21:22
um explained probably will not be able
21:25
to do it and we'll have to do a video
21:27
conference but uh yeah as you said money
21:29
the general stuff we could discuss it
21:31
when it's very specific
21:34
um I always recommend people to make a
21:37
video conference just for themselves
21:38
because it's quite specific for them and
21:42
you wouldn't be able to cover that in in
21:43
one hour will you no and as you said
21:46
because it's although the theme is the
21:47
same people's circumstances all
21:49
different it's a case-by-case basis
21:51
isn't it so there's finer details to be
21:53
worked out there just very quickly I
21:55
mean you don't have to tell me do any um
21:57
the Americans that are on there they
21:59
want to move to Europe and to Spain do
22:01
they even give any reasons why they want
22:03
to get out of the states remember what
22:04
remember a time it was a mythical place
22:06
in America it was the greatest place on
22:08
Earth yeah not quite the same these days
22:10
no I think I think one of the reasons
22:12
they normally says Trump uh they didn't
22:14
like a lot of our clients say they don't
22:16
like the government and they just want
22:18
to be out I think that brought a lot of
22:21
Americans going away
22:22
different people probably they like
22:25
going to Europe and probably I think
22:29
Spain is pretty much like Florida in the
22:31
states for them you know especially the
22:34
Mediterranean is is for them very
22:36
popular or they really like that you
22:39
know I have some American clients who
22:41
like the north as well and uh yeah
22:44
and in Madrid you have as well a lot of
22:47
Americans but I think they're coming a
22:49
lot to Valencia they like these Series
22:51
in general in general they like big
22:53
cities a Valencia is growing yes alicant
22:57
is growing uh Barcelona Madrid Malaga I
23:01
suppose they're getting yeah they're
23:02
still they're still in the city as they
23:03
maybe used to but it's a little bit more
23:05
relaxed and less tense maybe than some
23:07
of the Cities particularly at the moment
23:08
here's some terrible stuff out of the
23:10
states at the minute it's going it's
23:11
going back the other way yeah as to
23:14
maybe how it used to be yeah yeah yes I
23:17
am yeah there are a lot of them that
23:19
they're not very happy I think with the
23:21
situation that's basically the bottom
23:23
line but I I get some some British
23:26
clients as well like that why why will
23:28
you move to to Spain and they just say
23:30
well we're not happy there the weather
23:39
but yes I mean yeah that's why we hold
23:42
in all these webinars and I think they
23:43
bring a lot of value to the to the to
23:45
the people you know and and and in the
23:48
old days Buddha you wouldn't be able to
23:50
do these things you know it's such a big
23:52
value for everyone you know in the old
23:54
days you'll have to get a plane come
23:56
here make an appointment speak to
23:58
someone and then go back you know now
24:00
you could do easily yes and you can you
24:03
know bring in Vision you can show them
24:04
things documents yes documents so is is
24:08
good relocation is easier nowadays even
24:12
um it's not as straightforward thing no
24:14
okay so anything you need to know you
24:16
can get in touch through their websites
24:17
as I say the easiest way for a
24:19
English-speaking folk to its
24:21
alicantylawyers.ts the link to the to
24:23
sign up for the webinar is at the live
24:25
TV bit but have a look at the blog
24:26
anyway there's always some useful stuff
24:27
in there and uh thanks for your time as
24:29
always let you get on with appointments
24:31
I'm sure they'll replying to you
24:32
throughout the day busy day and Javier
24:33
today yeah and we'll see you in a couple
24:34
of weeks time on the Wednesday all right
24:38
your International lawyers based on the
24:40
Costa Blanca we've been assisting expats
24:43
for over a decade with laws to protect
24:45
assets and look after your loved ones
24:47
and continue to do so in post-brexit
24:49
Spain for advice on tax wills and
24:52
inheritance immigration or real estate