Paphos People

Hi, I live in Scotland but have a house in Cyprus and have not yet made a Cyprus will. Can you please confirm that if I make a Cyprus will that the executor HAS to be resident in Cyprus. Or can I name a family member who lives in Scotland ?

Thank You in Advance.

Good day,

The Executor must be a resident of Cyprus. If the person you appoint is not a resident of Cyprus at the time of your death then the that person has to "step down" and the beneficiary must appoint a new Executor.


Regards

Haris Kalogirou

Hi Haris
Thanks for the reply.

Alex.

I find this answer that the Executor to a Cyprus Will has to resident Cyprus surprising.

Whilst I don't live there anymore I have friends who have made a Cyprus Will and one of their children is their Executor
and he most certainly doesn't live in Cyprus.

I have brought their attention to this.

I am surprised at this as I made my will 2 years ago and my executor lives in the UK. At no time when I made my will I was told the executor has to be a resident of Cyprus. Guess I now need to go back to the company who did my will

So do I definitely not the advice I received. Presuming this is not an error, then it is discrimination against an EU national and dictates they must reside in Cyprus, this if correct, is just waiting to be challenged with the EU as a discriminatory protectionist practice.

Doesn't it beg the question that the lawyer doing the will for our friends should have pointed this out, saying that he must be resident in Cyprus.

They have been alerted to this post to read and take advice.

Could you please confirm this Haris, as myself, and I am sure many others have been told different.

_________________
Molly

Treat others as you want to be treated

I also wonder about Scottish wills. Some companies advise in the Paphos post that wills in England and Wales are different from Cypriot wills.Are Scottish wills different as well or are they accepted in Cyprus?

Dear All,

I am clear, the Executor by Law must be a resident of Cyprus.

Also, English, Welch and Scottish wills are accepted in Cyprus, provided they are signed and have at least two witnesses. It is a longer process to use a Will from another country, but it can be done.


Regards

Haris Kalogirou

I am now wondering why our lawyer, who was our executor for both our wills, told us that our executors could be our children, who are not resident in Cyprus.

I did not know, nor have seen it anywhere that it is the law that executors have to be residents of Cyprus.

I am now confused !!

_________________
Molly

Treat others as you want to be treated

Well Molly, our Cypriot lawyer advised us to appoint a family member or a close friend as executor. Then, when the time comes, the executor (who, as I understand it, becomes the legal controller of all your estate on your death) simply appoints the Cypriot lawyer of his/her choice (after ascertaining the charges to be levied by said lawyer) to carry out those duties under the law pertaining to probate that are required to be dealt with by a lawyer. Our lawyer explained that under the Cyprus Bar Association rules, if you appoint a Cypriot lawyer as your executor, there is a MINIMUM charge they can make against your estate - and that is quite hairy. Most of the work involved can apparently be done by a non-legally trained person, thus reducing the drain on your estate and leaving more to the beneficiaries.

So we appointed a family member and our wills are now sealed by and lodged with the court registrar (or whatever he is called).

If it is a legal requirement to appoint a Cyprus lawyer as your executor, then why have so many of us been advised otherwise, and why are there so many articles in various publications specifying otherwise?

_________________
Kay

Those who do not like cats, must have been mice in a previous life.

Typically you can appoint any person you want as a will executor (it is not having to do with the legal validity of the will as such), but you should consider the practical implications of that preference, taking into account the provisions of the law (Administration and Probate Act - Cap.189). For example (free translation):

Article 18: Letters of administration with the will annexed could be granted in the most of the following cases:

(a) When an executor is not appointed…
(b) When the appointed executor died before the deceased or survives the testator but dies without having taken out probate of the will
(c) When the appointed executor renounces probate of the will or he/she is cited to take out probate of the will and does not appear to the citation
(d) When the appointment of the executor is void due to vagueness…
(e) When the Court decides so on the grounds of article 17
(f) When the executor is incompetent as minor, lunatic or has other incapacity or he/she stays out of the jurisdiction …

Article 21: Grant of administration where personal representative is abroad

(1) If at the expiration of twelve months from the death of a person any personal representative of the deceased to whom a grant has been made is residing out of the jurisdiction of the Court the Court may on the application of any creditor or person interested in the estate of the deceased grant to him special administration of the estate of the deceased in such form as may be prescribed by Rules of Court or as may be directed by the Court.

(2) The court may for the purpose of any legal proceedings to which the administrator under the special administration is a party order the transfer into court of any money or securities belonging to the estate of the deceased person and all persons shall obey any such order.

(3) If the personal representative capable of acting as such returns to and resides within the jurisdiction of the Court while any legal proceedings to which a special administrator is a party are pending that personal representative shall be made a party to the legal proceedings and the costs of and incidental to the special administration and the legal proceedings shall be paid by such person and out of such fund as the court in which the proceedings are pending directs. In this subsection court means any court
having jurisdiction in relation to such proceedings.


etc...

That's not what Haris is saying. He says you must appoint a person to be your executor who is resident in Cyprus, not that you must appoint a Cypriot lawyer to be your executor. As his knowledge of the law here is necessarily greater than any of ours, I would suggest that we ignore his advice at our own cost - or at least, the cost to our beneficiaries.

Lesley

Hi Haris,

Please can you point me to the articles where this is written please?
As I understand it your executor has to be over 18 and of sound mind. There is no Cypriot legal requirement that states you have to have be a resident in Cyprus to be an executor of a Will drawn up in Cyprus.

It may be impractical to be a non resident executor of a Cyprus Will, but 'impratical' is very different from 'not permitted'.
Thanks

Bump

_________________
Molly

Treat others as you want to be treated

Dear All,

It is written under Law of Probates Cap. 189 and also in the Law Authorities (cases) state the same as the Probate Application 296/88 or the District Court of Limassol. The leading authority on this subject is "Tristram & Coote's Probate Practice, 23rd edition.

I believe we have now covered this matter. Anybody who wants to take legal advise on this matter can contact their own lawyer directly or even go to confirm this directly with the Registrar at the Court.


Regards


Haris Kalogirou

Well now, I am totally confused.

I've Googled "Tristram & Cootes" to try to find the exact wording, but all I found was that T&C is the ENGLISH Law Society handbook for Registrars & Probate officers.

So if Cyprus has based their probate laws on this publication, then it appears Cyprus is using English law. Therefore I would assume that, as in England, the Executor named in the will can be any adult of sound mind and does not HAVE to be a lawyer....

By the way, if you want your own copy, Amazon UK will sell you the 30th Edition for a mere £446.72 - when it's back in stock.

_________________
Kay

Those who do not like cats, must have been mice in a previous life.