Wills in Cyprus – FAQ
1. Is it compulsory to make a Will in Cyprus?
No, it is not. It is however advisable in most cases.
2. What happens if someone passes away without having left a will?
If someone passes away without having left a Will their property will be distributed in accordance with Cyprus succession law.
3. What are the requirements for a Will to be deemed valid in Cyprus?
For a Will to be valid under Cyprus Law the following must apply:
(a) The Will must be signed either by the testator themselves or a person authorised by them in the testator’s presence and under their directions.
(b) The testator must sign the Will in the presence of at least two witnesses who will also sign the Will in the presence of each other and in the presence of the testator. Each page of the Will must be signed or initialled by the testator (or his representative) and the witnesses.
4. Can an Executor be a beneficiary of my Will?
Yes. There are no restrictions under Cyprus law preventing an executor also being a beneficiary in a Will. It is advisable to appoint as executor a person or persons who you would expect to survive you.
5. Are there restrictions with regards to the property which can be passed by a Will under Cyprus law?
Cyprus has what is commonly referred to as “a forced heirship” regime. The spouse or children/grandchildren cannot be excluded from an inheritance and they have a right to a fixed minimum percentage of the estate, known as the “statutory portion”. This statutory portion must be distributed according to the provisions of Cyprus law.
The part of the estate which can be disposed freely by Will is referred to as the “disposable portion”.
6. Are there consequences if a Will disposes of more than the disposable portion?
The consequences are that the value of the portion of the assets which is purported to be be disposed by the Will is reduced to correspond to the disposable portion of the estate.
7. Can you avoid the the Cyprus forced heirship regime?
Regulation (EU) 650/2012 allows EU citizens to declare in their Will the law of their country of nationality to be the applicable law to administer their estate. The Regulation provides that the choice of applicable law has to be expressly declared in the Will.
A British national with property in Cyprus can for example choose UK law to apply to the administration of their estate. This will allow them to avoid the Cypriot forced heirship rules. The choice of UK law provision would need to take into account the differing legal jurisdictions within the UK of England & Wales, Scotland and Northern Ireland.
8. Is a Will valid if it is had not been filed at Court before the death of the person?
It is not compulsory for a Will to be filed at Court. It is advisable to take good care of your Will. Depositing the Will with the Registrar of the District Court should ensure that it does not get lost.
9. How can a Will be revoked?
A Will can be revoked by making a subsequent Will, by destroying it or asking another person to destroy it the presence of the testator.
A Will is considered as revoked by the marriage of the testator after the execution of the Will or by the birth of a child of the testator after the execution of the Will (if at the time of executing the Will the testator had no children)
10. Can you have two Wills?
Yes, you can. You may have one Will for property in Cyprus and another one for your assets abroad. You must ensure that the subsequent Will will not unintentionally revoke the first Will.
Depending upon your personal circumstances it may be advisable to have a separate Will to deal with the disposal of any property you have in Cyprus. If you rely on the provisions of a Will made in another country to deal with your Cyprus property this may cause delays and additional expenses for your Executors in administering you estate.
11. Will my partner inherit my house after I die?
No. If you are not married to your partner and you do not leave a valid Will, your partner is not entitled to inherit any of your estate.
12. Will property owned jointly between myself and my spouse or partner pass automatically to them following my death?
No. The share of the property owned by the deceased will not pass automatically to the surviving joint owner. The estate of the deceased has to be administered and the property passes in accordance with the terms of the Will or Cyprus intestacy provisions.
13. Do I need to review my Will on a frequent basis?
The provisions of a Will should be reviewed on a regular basis to take into account any changes in your circumstances. Changes in circumstances include getting married, divorced, having children, moving, buying a house or when the named Executor or beneficiary dies.
Usually, major changes to a Will are dealt with by making a new one whereas minor changes are addressed by adding a codicil.
The above should be used as a source of general information only. It is not intended to give a definitive statement of the law.
How can we help?
Cyprus Probate Lawyers provide advice and assistance on Cyprus Wills and Cyprus Probate Law maters, including:
- Will drafting and registration at the District Court Registrar.
- Administration of estates – Cyprus and multiple jurisdictions
- Advising on Cyprus Wills disputes.
- General advice on all probate matters, including Wills and Cyprus succession law.
- Custody and safekeeping of Wills
- Drafting Grant of Probate applications and appearing where necessary before the District Courts.
- Full estate management
The above should be used as a source of general information only. It is not intended to give a definitive statement of the law.
How can we help?
Cyprus Will & Probate Services provide advice and assistance on Cyprus Wills and Cyprus Probate Law maters, including:
- Will drafting and registration at the District Court Registrar.
- Administration of estates – Cyprus and multiple jurisdictions
- Advising on Cyprus Wills disputes.
- General advice on all probate matters, including Wills and Cyprus succession law.
- Custody and safekeeping of Wills
- Drafting Grant of Probate applications and appearing where necessary before the District Courts.
- Full estate management
If you require further information relating to the above or with regards to Cyprus wills, succession, inheritance, administration of estates and probate laws in Cyprus contact us using [email protected]
