The Power of Attorney was granted to me in Spain. Therefore, I presume the Apostille of the Hague which you mention is irrelevant in the circumstances. I now presume that I can transfer the property into my sole name. As I am 72 years of age, our Daughter and Son wish me to make things simple for the future. Can I add their names to the Escritura, they each have an NIE Number, or make a new Will leaving the property to them?
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Hi there, I meant the apostille of the haye in order not having problem with the notario
If the sons are spanish they could demand the legal right for his legal heritage and demand you if you take some of it
In Spain there are a minimun of heritage thay by law has to be given to the sons
But If the son there are not spanish or there are more goods or propieties in the inheritage you will got no problems puting the propiety on your own name
Please ask if I am been not clear enought
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You are right about the Apostille. Since you received the Power of Attorney in Spain before - I guess - a Spanish notary, you do not need it at all. Indeed, according to the Hague convention only the acts which have been executed before a notary of another country would need to be legalized with an Apostille stamp in order to be valid in Spain.
According to Spanish law, with the Power of attorney (Poder) you can act as a legal representative of your husband with full efficacy just within the area of the granted powers.
As a consequence, being your husband's representative you could well be able to transfer the property in your name and/or your children ones even by making a new will. Nonetheless, you should check if these powers fall within the content of the act with which you have been granted the Power of attorney.
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