By: AGPLAW | A.G. Paphitis & CO. LLC
Under Cyprus law, a will is a crucial legal document that dictates how a person’s estate will be managed and distributed post-mortem.
Recognizing the importance of these directives, Cyprus law stipulates specific requirements for a will to be considered valid.
This guide provides an overview of these requirements, the definitions of statutory and disposable portions of an estate, what disqualifies someone from inheriting, and the kinship entitlements under Cypriot succession laws.
Definition and Legal Requirements of a Will
A will must be drafted with precision and adhere to the following criteria to be valid in Cyprus:
Competent Testator: The creator of the will must be at least 18 years old and of sound mind. This ensures they comprehend the nature and implications of their testamentary actions.
Proper Execution: The will must be written and signed by the testator in the presence of at least two witnesses who are neither beneficiaries nor spouses. These witnesses must confirm the testator’s competence and the authenticity of the will.
Voluntary Expression: The will should be made without coercion, fraud, or undue influence. If a will is created under these conditions, it may be contested and declared invalid.
Inheritance and Statutory Portions
Cyprus law divides an estate into statutory and disposable portions, with specific rules on how each can be allocated:
Statutory Portion: This is the part of the estate that must be passed on according to fixed inheritance rules and cannot be altered by the will.
Disposable Portion: This section of the estate can be freely distributed according to the wishes expressed in the will.
The division of these portions is influenced by the surviving relatives of the deceased:
Surviving spouse and children: The statutory portion is 75%, and the disposable portion is 25%.
Surviving spouse or parent, no children: Each receives half of the estate.
No close relatives: The entire estate can be disposed of per the will.
Disqualification from Inheritance
Certain actions and convictions render a person unworthy of succession:
- Intentional and unlawful harm or attempted harm leading to the death of the decedent.
- Fraudulent influence over the decedent’s will-making process.
- Destruction or alteration of the decedent’s will.
Kinship and Inheritance Shares
The distribution of an estate also considers the degree of kinship, with specific shares allocated as follows:
Class Types of Relatives Shares Received First Spouse and children In equal shares Second Parents and siblings; half-siblings receive half In equal shares by branch Third Closest living ascendants Shared equally among living ascendants
Detailed Process of Making Wills in Cyprus
To ensure a will is legally binding, it must be:
- Signed in Cyprus by the testator.
- Witnessed by two individuals residing in Cyprus who are not beneficiaries.
- Executed with executors who are residents of Cyprus to ensure they can perform their duties effectively.
In the Absence of a Will
In the absence of a Will, the deceased’s family and inheritors will need to appoint the Administrators of the estate of the deceased. AGPLAW lawyers and probation officers are regularly appointed as Administrators in order to duly fulfil all legal, tax and other obligations and then distribute the assets to the lawful inheritors. The role of Executor or Administrator can be an onerous and task full one. A deceased’s estate can involve complex or valuable matters which the Executor or Administrator need to sort out in proper, fair and successful manner. The Executor or Administrator is personally liable for properly administrating the deceased’s estate and is personally liable against the inheritors and the Republic. Appointing a lawyer to be the Executor or Administrator will give you peace of mind that the process will be properly completed and the legal fees are settled by the deceased’s estate. We encourage our clients to consider having a Will. Making a Will helps you protect your interests and gives you a peace of mind knowing that your estate is taken care in case of sudden death.
Conclusion
Understanding the comprehensive legal framework in Cyprus for wills and inheritance is vital for protecting the rights of beneficiaries and ensuring that the testator’s wishes are honored. Engaging competent legal services is recommended to understand these complex requirements and avoid potential disputes or legal challenges in the future.
AGPLAW – Trusts, Wills & Probate
Contact AGPLAW’s expert team at [email protected]
The information provided in this document/article is for general informational purposes only and should not be considered legal or professional advice. While every effort has been made to ensure the accuracy and reliability of the information contained herein, the author, publisher, or any related parties make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information. Any reliance you place on such information is therefore strictly at your own risk. In no event will the author, publisher, or any related parties be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this document/article. It is recommended to seek independent legal advice for any specific legal concerns or decisions.
