Problems ‘back home’
Moving to Tenerife does not mean that your slate has been wiped clean, and there are often legal issues that need to be dealt with in the country from which you came. Obviously the best thing to do is try and wrap up as much as you can before leaving, because the need to return will be inconvenient as well as pricey. It is difficult to instruct a lawyer by phone, and a face to face meeting is always going to help to get your point across better. But even if you do try to work with a lawyer remotely, you will probably still have to go back. The timing of when you need to return may be dictated by courts or the date when something needs to be signed; and your presence is bound to be required when the prices of flights take a seasonal hike. If you have moved over to Tenerife, then you will probably also need to find somewhere to stay in the UK, which will either mean more cost or imposing yourself on friends or family.
All in all, a legal problem that haunts you from your previous life can snowball into an expensive and stressful exercise and is generally best nipped in the bud using a lawyer in Tenerife, qualified to practice in the country you came from. However, you should exercise caution in doing so as there are all sorts of people willing to give legal advice, and not all will be qualified to do so. For example, if you came from England, then you should make sure that the solicitor in Tenerife is currently registered and regulated by the Society of England & Wales, with a current practicing certificate. Don’t be afraid to ask to see this.
A regulated lawyer should also be covered by Professional Indemnity Insurance, which gives you some recourse if your lawyer is the reason that things go wrong. Any foreign lawyer practicing locally should also be registered as such with the Colegio de Abogados in Santa Cruz, even if they are advising you on UK law. This is a European law, designed to protect you, the client.
When meeting a lawyer, it might seem over cautious to ask for sight of certificates of registration and insurance, but it is a precaution that a legally operating lawyer will understand, and even appreciate. Any feigned surprise and excuses in reply should set your alarm bells ringing. It is not unknown that totally unregulated solicitors have practiced in Tenerife, dispensing advice to unwary clients with no recourse when things have gone awry.
Another quite practical advantage of using a UK lawyer based in Tenerife is that you will be able to pay your bills in Euros, without the inconvenience and expense of exchanging currencies.
Legal issues that drag us back…
There are all sorts of legal issues that find residents flying back to countries such as the UK and Ireland, but the most common are:
• Selling or buying property
• Selling and buying companies
• Business issues and advice
• Divorce and issues surrounding it
• Wills and probate
• Financial disputes, debt collection
• Issues with tenants
• Employment issues
• Swearing or signing legal documents
A surprising amount can be achieved without having to return back to the UK. A Tenerife Solicitor will be able to instruct a network of experts, and even carry out litigation in the courts, evictions, debt collection and resolving disputes. Lawyers can also advise you on the law in England and Wales, interpreting and writing contracts, business law, Wills and family law, such as divorce. You will be able to sign these papers and contracts here, rather than having to fly back to the UK. But perhaps the greatest advantage is that you will be able to brief a lawyer face to face, who will also understand your expatriate situation.
Like many expats, Kevin Walters chose Tenerife as the ideal place to retire to. He sold a prosperous business in the UK, but some time after moving to the island he found himself in need of legal advice regarding contracts.
“Living out here, it made sense to use a solicitor based in Tenerife because I could actually see him,” explained Kevin. He required expert advice in business law which, like many legal matters, is much better discussed face to face. “Tenerife Solicitors were obviously the only firm qualified to give me the advice, but they certainly seemed to know what they were talking about and even pointed out a few things in the contract that I didn’t know.” With the great advantage of being based on the island, Tenerife Solicitors are able to give a much better standard of care and attention that you might have been used to. “Yes, they reply promptly and it is very comforting to know that I can speak to a solicitor face to face. And of course, it is cheaper,” added Kevin: despite being retired, he still has an acute business sense! “I don’t have to travel back to the UK, which obviously saves a lot of money, but Tenerife Solicitors are also have a lower hourly rate than lawyers in the UK.” Fees are typically as much as 30% lower than instructing a solicitor directly in England or Wales.
Tenerife Solicitors are regulated both by the Solicitors Regulation Authority of England and Wales and the College of Abogados in Tenerife, and carry Professional Indemnity Insurance in both countries. If you need legal advice on company law, disputes and debt recovery, business start ups, landlord and tenant law, family law and divorce, wills and probate or the swearing and witnessing documents then call Tenerife Solicitors.
 Tenerife SolicitorsTelephone: 922 717845Address: Tenerife Solicitors' offices are beside Club Atlantis, in Calle De Colon, on the way down the hill to Puerto Colon in Playa de las Americas Visit Website or Send an Email |
Law
Real life stories