Insights: Contesting a Cyprus Will
Wills in Cyprus
The law relating to wills and succession differs from country to country.
Cyprus law provides for complicated system of inheritance. Under this system the estate is divided into two parts, a disposable and non-disposable part. The disposable part can be passed by a Will. The non-disposable part will pass according to the law of succession.
The exact division of the estate for both parts depends on who the surviving relations are. Only if the testator has died leaving no spouse, no child, no descendant of a child, no mother and no father can they pass the whole of their estate by a Will.
Under Cyprus law of succession, if, for example, the deceased leaves behind a spouse and children, only ¼ of the estate can pass by Will. The law relating to succession provides that the remaining ¾ of the estate will pass in equal shares to the spouse and children. An unmarried partner is not entitled to any inheritance.
If a person dies without a Will then it is said that they have died “Intestate”. Cyprus law will determine the persons entitled to inherit a share in the estate.
It should be noted that only the immovable property (land or home) in Cyprus of a person who is not domiciled in Cyprus will be subject to the law of Cyprus.
Whilst residence is largely defined by the physical presence of a person in a country, an individual’s domicile is not synonymous with residence or nationality. The rules governing domicile are complex and advice should always be sought before action is taken.
Grant of Probate
A Grant of Probate is the authority given by a court to the person named in the Will as the executor to collect the assets of the estate and to distribute them to the people named as beneficiaries in the Will.
How can we help you?
If you wish for your assets in Cyprus to be distributed according to your wishes, professional advice is required. Making a Will alone may not ensure that your assets are distributed in the way you intend and the most tax efficient manner for the benefit of your loved ones. If you have inherited property in Cyprus, we can provide clear, reliable guidance in plain English, giving you the confidence to deal effectively with your property in Cyprus
We can advise and assist you to:
- make a valid Will
- obtain a grant of probate – European certificate of succession
- assist executors or administrators
- administer the estate
- establish and administer a Trust
- contest a Will
For further information on Cyprus wills, succession, inheritance, administration of estates and probate laws see the website of Cyprus Probate Lawyers.
