Wills & Inheritance Law in Cyprus

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Wills & Inheritance Law in Cyprus

It is important to recognise that following a death, the legal and administrative procedures in Cyprus are not the same as those in other countries, the UK or other EU member states. The consequence of passing away without a valid Will can be serious. If you are considering moving to Cyprus it is most important that you review the provisions of your existing Will (if you have one) and take legal advice to ensure you have the correct measures in place to deal with your Cyprus assets on your death.

Frequently Asked Questions 

If you live in Cyprus do you need a separate will for your Cyprus assets? 

If you have a Will in your existing country of residency do not rely on this Will to deal with your Cyprus property without having sought expert legal advice from lawyers with experience in dealing with the administration of cross border estates. Generally, it is advisable to have a separate Will which deals with assets held in Cyprus.

If you own property in Cyprus in the joint names of spouse or partner does the property automatically pass to the surviving spouse or partner on death? 

Many people assume that as the property is held in joint names then on the death of one party the property passes automatically to the joint owner. This is an incorrect assumption. The share of the property owned by the deceased does 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 their Will or local intestacy provisions. It is most important to make a Will to cover the distribution of any property owned in Cyprus if you wish to avoid the complications which would inevitably arise from the conflict of two different legal systems and the risk of the estate being divided under local rules.

Can you have two valid wills; one for Cyprus assets and one for assets held elsewhere? 

Yes, but it is most important that if one of these Wills is made at a later date it does not unintentionally revoke the first Will. Great care has to be taken in the review and wording of the two Wills.

Is it true that under Cyprus law you cannot leave your estate to persons of your choice? 

Under Cyprus Law there is a system of forced heirship. For example, if a person dies leaving a spouse and a child then three-quarters of the estate passes to the spouse and child in equal shares and the testator (the person making the Will) has the freedom to dispose of the remaining one-quarter share as he or she so wishes. 

However, currently under Cyprus law, there is a concession for persons who/or whose fathers were born in the UK or in a country which is a member of the Commonwealth. Such persons are, provided they have a Will, allowed to leave their Cyprus assets to whom they wish on their death. 

Please note: this concession does not apply to all EU Citizens. Therefore, should the concession not apply to you then it is most important to seek legal advice. In order that your chosen beneficiaries inherit your property you may need to consider the establishment of a Cyprus lifetime trust for any immovable property (house, land, apartment) held in Cyprus.

Prepared by: Marion J Carter BA (Hons) UK Solicitor
Registered Advocate of the Supreme Court of Cyprus. Member of STEP International (The Society of Trusts and Estates Practitioners). Fellow member of the Society of Will Writers
Carter Leontiou Law Firm, 38 1st April Avenue, 5281 Paralimni, Cyprus
Tel: 00357 23819355, Fax: 00357 23819354, e-mail
Copyright © 2005 Marion J Carter All Rights Reserved