Paphos People

Dear Paphos Readers,

We would like to inform you that there is a new Law on Succession.

According to the new law, British Citizens cannot give their property by signing a Will to any person they wish. If someone has a property in Cyprus and has passed away, his/her beneficiaries are as per the terms of the new law. If for example someone has a wife/ husband and or children, all his/ her properties will go to his/her spouse and children in equal shares. There are several categories in the law, for e.g. If the deceased does not have wife/ husband who is the beneficiaries, etc. This Cyprus law changed on the 3rd July 2015.

On the 17/08/2015 there is a new European regulation (E.U Regulation 650/2012). With this regulation the European Citizen can choose the law that will apply to his/her succession.

The new European regulation offers three options:

1. The principle: application of the law of the State in which the deceased will have his/her habitual residence at the time of death, even if this is the law of a State that is not a member of the European Union. A single law will govern the whole succession.

2. The exception: when, exceptionally, the circumstances present a situation whereby, at the time of death, the deceased had manifestly closer connections with another state, the prevailing law will be that of this state.

3. The option: possibility to choose the law of one of the states whose nationality one possesses.

So a British citizen can sign a new Will in Cyprus and declare on his/her Will that he/she choose the law of his/her nationality to be applied to his/her succession. This option according to the regulations can set out in a declaration in the form of a “Disposition of property upon death”.

As it is not clear in Cyprus yet what the disposition is, I believe for the moment the best way is to include this declaration in any new Will.

Best regards,

Haris Kalogiriou
Lawyer

Thank your Haris. Cleared the situation up at last. However, I believe England has or will opt out of this Regulation, and Scotland is rapidly changing the Law in Scotland to English Law.

If asked to undertake Probate on a Will by an English person, resident in Cyprus, would you be prepared to provide your client with a written and signed statement that their Will, written in Cyprus under English Law, will be honoured?

Also, and remember I am not a lawyer, shouldn't the lawyer undertaking Probate on a Will under English Law be a member of the English Bar Association?

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Clive of Payia

When you say English Law in relation to the above article, do you actually mean British Law? Just trying to clear things up as I'm no lawyer either, there are a few other U.K. nationalities here.

We were told in 1996 that we needed a CY will despite the fact that we a) lived in the UK and b) had a UK will already

Do I take it from the above that our UK will is sufficient for CY now???
We still live in the UK and own property in CY

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J B

No lawyer but as I understand it the Probate law in Scotland is similar to the Succession Probate practiced in Europe, hence I referred to English and Welsh law. I read that the SNP, with gritted teeth, are now going to pass legislation that English/Welsh law is used in Probate in Scotland.

I think we are OK if you Will clearly states that you wish Probate using English Law, and when the Scots change it, it will be UK law. Not sure what goes on in N. Ireland though.

I'm sure somebody will come on to correct me if I am wrong.

We must get this right - we don't want yet another avenue for us foreigners to be ripped off by the few unscrupulous lawyers!!!!

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Clive of Payia

Does anybody know if anyone has died with the new written will and had it accepted by the law here. Due to sign our newly written ones and just wondering if it's worth the paper it's written on.
A bit sceptical as Cyprus does not always abide by EEC rulings.