Inheritance
The Law regarding English people who die intestate:
- If a person dies intestate; leaving a wife or husband, such wife or husband shall, after the debts and liabilities of the estate have been discharged, be entitled to a share in the estate as follows:
If the deceased has left besides such wife or husband –
- any child or descendant thereof, such share shall be the one-sixth of the estate.
- no child nor descendant thereof, but any ancestor or descendant thereof, such share shall be the one–half of the estate.
- no child nor descendant thereof, nor any ancestor or descendant thereof within the third degree of kindred to the deceased, but any ancestor or descendant thereof of the fourth degree of kindred to the deceased, such share shall be the three-fourths of the estate.
- no child nor descendant thereof nor any ancestor or descendant thereof within the fourth degree of kindred to the deceased, such share shall be the whole estate.
The third and fourth degrees are as follows.
Uncle or Aunt is of the third degree.
Grandfather’s child is of the fourth degree.
As you would notice, the share of the surviving spouse is not satisfactory and there is a legal opinion in the Parliament that it should be changed and increased.
An English person making a will in Cyprus:
According to the Wills and Succession Law(Chapter 195 of Laws of Cyprus), local people cannot dispose of all their property by making a will, however, people who are of United Kingdom origin are exempted from this rule and may dispose of the whole of his/her movable property and immovable property by making a will.
Therefore, English people can engage a law firm who will prepare a will for them and dispose of their assets as they wish.
A will made in the United Kingdom:
A will made in the UK may cover Cyprus property if the wording is right. However, this would require re-sealing in North Cyprus after the probate grant is issued in the UK and re-sealing formalities may be more costly.
Making a will in North Cyprus:
If someone wishes to make a will here, the beneficiaries and their addresses should be detailed and the executor or executrix may be appointed. All the pages of the will should be initialled and signed by the person making the will and the witnesses.
Who should prepare the will:
In EU countries, there are notary publics who are entitled to make documents such as wills. Cyprus, following English tradition, do not have notary publics, but entitles lawyers to prepare the wills. However, in Cyprus some unqualified persons who are certifying officers call themselves “notary” and this may mislead people. A Law firm should be preferred for making a will.
Properties in joint names:
If a property is in joint names of a couple and one of the parties die, the procedure is not simplified in Cyprus. Unfortunately, the surviving spouse has to follow the whole procedure and estate has to be established to deal with the share as though it is completely separate property.
Money lodged with a bank:
If a person dies intestate with money in a bank here, unless the UK will covers it, the money would be subject to the local probate grant and it would pass on to his/her legal heirs as explained above .
Single sex marriages:
Single sex marriages are not legal in Cyprus.
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