APPETITE FOR CHANGE

In the past 20 years Adam Neale has seen Estepona boom

when the current mayor Jose Maria Garcia Urbano was voted in with what appeared an absurdly optimistic programme to reduce the debt burden (a staggering 304 million euros) whilst at the same time investing in the regeneration of the old town.

The subsequent story is well known.

The Garden of the Costa del Sol project was wildly ambitious and involved the pedestrianisation of the old town with over 9,000 potted plants distributed throughout the streets. However, the town hall's appetite for change did not stop there and over the next 11 years enormous investments were appearance, infrastructure and services with a new theatre, sports stadium, hospital, and town hall to name but a few of the seemingly endless improvements that have been made to the town. At the same time, by 2021 77% of the inherited debt burden had been repaid, an impressive feat.

In 2011 from our relocated office in Calle Caridad we still had few to no customers visiting our office but over the next five years this began to

GIANT: The orchidarium is the largest in Europe change. Clients suddenly began to trickle into our office interested in buying a property in the Old Town. Then more and more came, increasing year over year until eventually becoming a daily occurrence.

The news of the transformation of Estepona has travelled far and wide. Only last week American clients from Texas were telling me how they heard about Estepona´s regeneration and wanted to retire here. The benefits are obvious: how many towns offer such a high quality of life? Situated on a wide sandy beach, Estepona is a very safe town with convenient access to all manner of amenities and health care.

We are proud to have contributed in our own small way to the regeneration of Estepona, being involved in the construction of two new hotels in the historic centre: one already built and running - Estepona Plaza Hotel in Plaza Ortiz - and another one opposite our new office in Calle Caridad that will begin construction soon.

Not surprisingly, given all the improvements, Estepona has become a magnet for tourism and for people who want to live in the Costa del Sol.

As we wrote last month, Estepona has seen the highest growth in revenue per hotel room, or RevPAR, on the entire Iberian Peninsula. It’s also the fastest growing city in Malaga province, which is the fastest growing province in Spain. And the real estate sector is outselling popular Marbella on a per capita basis. And yet despite such radical change and abundant tourism, it is still a very Spanish town that has preserved its authenticity and traditions.

NOCKOLDS Lawyers Spain officially launched its first Spanish office in Estepona in April this year.

An affiliate subsidiary of Nockolds Solicitors in the UK, established in 1831, with offices in Bishop’s Stortford, Hertfordshire and the City of London, it is a tremendously exciting addition to the Nockolds Group.

Our portfolio of services encompasses, but is not limited to conveyancing, wills and estate planning, visas, and sworn translations. We pride ourselves on the provision of excellent client care as well as offering comprehensive services that other law firms here cannot, such as dealing seamlessly with British citizens’ assets and/or problems in both Spain and England by means of a cross jurisdictional joined-up approach.

Nockolds has been providing legal advice on cross-border matters between Spain and England for over 10 years.

In current times, more people are opting to live in two countries, or spend a lot of time in one country and have their base in the other. This can create complications when crucial life events occur, such as planning for your family in the event of death, making wills, effective tax planning, or sadly where there is a family breakup.

We have found that without the benefit of the knowledge of the two different law systems, mistakes can happen. For example, making a will in Spain.

Without careful drafting and knowledge of the English system, you could inadvertently revoke your wills in England, leading to a situation of intestacy, which can be complicated and expensive for the beneficiaries to sort out. Vice versa, making a will in England with a solicitor who is not aware of any Spanish asset, or the Spanish system, can also frustrate the will in Spain.

Many people do not know that whilst Spain applies the law of the country of residence of the person either going to Court or making a will, English law does not allow such consideration. This has a particular impact on divorce, for example. A British couple living in Spain have a choice as to where they start their legal proceedings, and this can be critical.

Families who have assets in Spain, but are based in England, will also need to consider the relevant tax implications as they reach their later stages of life.

This may involve change of residence or selling assets in a tax effective way. This has become more complex after Brexit, to the extent that the English now cannot enjoy the more favourable European taxation rules.

For those in business, or wanting to set up businesses, it is important to know the rules of the two countries, especially regarding employment rights, property rights, and entitlements. An advance warning about how they differ can assist preliminary plans.

In the case of court action for non-payment of monies or breach of contract where one party is situated in one country and the other in another, there are complicated cross jurisdictional issues, which may need to be determined and considered beforehand. Even where a judgment is obtained in either Spain or England, there must be expert knowledge as to how that judgment can be enforced in each country. Again, since Brexit, this has become more complicated, because we cannot use the streamlined European system which automatically recognised judgments from a European member state. By working in the two countries and across both legal jurisdictions, we know there LAUNCH are different attitudes and cultural norms, which can be very confusing to the Brits in Spain or the Spaniards in England. Knowing how local courts operate, what is expected, and having a full command of the lan- guage as well as the knowledge of both legal systems, is paramount in assisting our clients. These are just a few of the examples we have come across in our practice, which informed our decision to open the office in Estepona.