When does the Cyprus law apply in relation to wills
and succession?
In order for the Cyprus inheritance and succession law to apply,
the deceased must be domiciled in Cyprus at the time of his/her
death. However, Cyprus law may be applied and regulate succession
of movable property that is situated in Cyprus, even though the
deceased had his/her domiciled aboard.
Who is entitled to draw up a will?
According to Cyprus law, in order for a will to be valid the
testator must be above 18 years old and he/she must be of sound
mind.
Are there any requirements that have to be fulfilled in
order for a Will to be valid?
A will must be in writing and must be executed in a certain way.
First of all, it must be signed at the bottom or at the end by the
testator or by someone else who acts on behalf of the testator in
his presence and by his command. Furthermore, the signature must be
put or must be acknowledged by the testator in the presence of two
or more witnesses who must be present at the same time. The said
witnesses must attest and countersign the will in the presence of
the testator and in the presence of each other. Finally, each sheet
of the will must be signed or be initialled by or on behalf of the
testator and the witnesses.
The witnesses must be age 18, or above, must be of sound mind and
they must also be able to sign their names.
Is it possible for a witness to be also a
legatee?
According to Cyprus law, a bequest in a will in favour of the
witness or in favour of the witness's husband, wife or child,
is void and with no legal effect.
What happens if a will is drawn up by duress, fraud or
undue influence?
A will or any part of a will is void and without legal effect if it
is drawn up by duress, fraud or undue influence.
Is a testator free to leave his/her estate to a
religious institution?
A testator that is not a Moslem and that he/she has relatives up to
a third degree, can leave a bequest to a religious institution only
by a will that is executed at least three months before his/her
date of death.
Which legacies could be deemed void according to
Cyprus law?
A legacy is void if it is made to a person who is not in existence
when the testator dies or if a definite intention is not expressed.
However, Cyprus law provides specifically for the child of the
testator. In particular, the law provides that a legacy made to a
child of the testator who is born after the death of the testator
is valid.
Is it possible for a Will to be
revoked?
A will might be revoked by a subsequent will which expressly revoke
the previous one. A will might also be revoked by a subsequent will
which is inconsistent with the provisions of the previous will, to
the extent that the provisions of the wills are inconsistent.
Finally, a will might be revoked by burning, tearing or by any
other means of destruction by the testator or by any other person
in the presence and by the direction of the testator. The said
actions must be made with the intention to revoke the will. It is
worth noting that according to the Court case Kathitzioti , for the
will to be revoked, it is necessary the physical presence of the
testator at the time of the destruction. The presence of a
representative of the testator in the absence of the testator
cannot satisfy the provisions of law.
Furthermore, a will is deemed to be revoked in cases where the
testator gets married after the execution of the will. A will might
also be deemed to be revoked in cases where the first born child of
the testator is born after the execution of the will. However, such
marriage and birth shall not be deemed to revoke the will, if it is
clear that the will was made with the prospect of the marriage and
birth.
Does Cyprus law impose any restrictions on the freedom
of the testator to dispose his/her estate by
will?
A basic aim of Cyprus law is the protection of the family, so the
law imposes restrictions on the freedom of the testator to dispose
his/her estate by will and it allows him/her to dispose only a
portion of the estate (known as the "disposable
portion").
Specifically, if a person dies leaving spouse and child, or spouse
and descendant of a child, or no spouse but child or descendant of
a child then the disposable portion must not exceed the ¼ of
the net value of the estate.
Whether a person dies leaving spouse or father or mother but no
child or descendant of a child, then the disposable portion must
not exceed the ½ of the net value of the estate.
The only way a person is able to dispose all of his/her estate
freely is where he/she dies leaving neither a spouse, nor a child,
nor a descendant of a child, nor a father, nor a mother. In that
cases, he/she is free to dispose by will all of his/her
estate.
It is worth stating that in cases where a testator disposed more
than the disposable portion, the will is not void but the portion
is reduced to the disposable portion. However, when a person dies
leaving only a spouse, but neither child or descendant of a child,
nor father or mother and he/she leaves to his/her spouse a portion
that exceeds the disposable portion, no reduction is
necessary.
The abovementioned do not apply in cases of a will of a person who
was born in the United Kingdom or whose father was born in the
United Kingdom or in a member state of the Commonwealth. Moreover,
the abovementioned do not apply regarding the disposal of movable
property of an alien regardless if he/she was domiciled in
Cyprus.
How does Cyprus law regulate the rights of the
surviving spouse?
According to Cyprus law, after the repayment of any debts or
liabilities of the estate, the surviving spouse is entitled to a
share in the statutory portion (the part of the estate that cannot
be disposed by will) and in the part of the disposable portion that
remains undisposed, if any.
Specifically, if the deceased leaves except from the spouse, a
child or a descendant of a child, they all receive equal
shares.
If the deceased leaves neither a child nor a descendant of a child
but he/she leaves an ascendant or a descendant of an ascendant
within the third degree of kinship, the share of the surviving
spouse will be ½.
If the deceased leaves no child or descendant of a child, or any
ascendant or a descendant of an ascendant within the third degree
of kinship, but leaves an ascendant or a descendant of an ascendant
within the fourth degree of kinship, then the share of the
surviving spouse will be ¾.
If, however, the deceased leaves no child or descendant of a child,
nor any ascendant or a descendant of an ascendant within the fourth
degree of kinship, then the share of the surviving spouse will be
the whole statutory portion and the whole part of the disposable
portion that remains undisposed.
How does Cyprus law regulate the succession of the deceased's
relatives in his/her estate?
After the calculation of the portion of the spouse, the remaining
of the statutory portion and of the the disposable portion that
remains undisposed, if any, will be distributed to the relatives of
the deceased according to the degree of kinship. Specifically,
there are four classes of kinship. Members of a class exclude the
members of the next class.
The first class of kinship includes the children of the deceased
who are alive at the time of his/her death. The said children will
receive equal shares. The first class also includes the living
descendants of a deceased child of the deceased at the time of
his/her death. The said descendants will inherit equal shares per
stripes. The phrase "per stripes" means that the
descendants of a deceased child will equally inherit the share that
their deceased mother/father would otherwise have inherited if the
mother/father was alive.
The second class includes the living mother and father of the
deceased (or if they are not alive at the time of death of the
deceased, the closest living ascendant) and also the siblings or
the half brothers or sisters of the deceased. The said persons
inherit in equal shares except from the half brothers or sisters
who will receive the ½ of the share that the siblings will
receive. In cases of a deceased brother or sister, then his/her
descendant will inherit equal shares per stripes.
The third class includes the closest in degree of kinship living
ascendants of the deceased. In cases where at the time of death of
the deceased there are living ascendants from both sides, i.e from
the maternal and from the paternal side then the ascendant of each
side will receive half of the share. If the ascendants of each side
are more than one, then the half share will be distributed in equal
shares.
The fourth class includes the closest in degree of kinship living
ascendants within the sixth degree of kinship. However, the closest
relative excludes others. The persons in the fourth class inherit
equal shares.
How does Cyprus law regulate the administration of
estate?
When a deceased dies intestate, the Court may authorize one or more
persons to administrate the estate of the said deceased. In order
for this to happen, the said persons should first file to the
Registry of the Court a relative application and the Court will
grant them with the "letters of administration".
Where a person has drawn up a will, he/she may appoint the
executor(s) of the will. The appointed executors or other persons
who are entitled to issue probate or to be granted with letters of
administration with will annexed, shall file a relative application
to the Registry of the Court.
Where should an application for the issuance of
probates or for the issuance of letters of administration be
filed?
The said application must be filed to the Registry of the District
Court where the deceased had his/her place of permanent residence
at the time of his/her death.
What should be stated in the
application?
In the application it must be stated the personal information of
the heirs of the deceased such as their names and their
relationship with the deceased and also the value of the movable
and immovable property of the deceased. Furthermore, the person
applying for the granting of the letters of administration must
swore by an affidavit about the date of death of the deceased and
the estimated value of the property and that he/she will
administrate the estate of the deceased according to the law.
Furthermore, another person shall sign an affidavit as a guarantor
of the right and according to the law administration of the
deceased's estate by the person applying for the granting of
the letters of administration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.