A will is legally defined as the legal declaration in writing of the intentions of a testator with respect to the disposal of his / her estate after his death.

In practice, this simple document will safeguard your ultimate wishes and protect the rights of your beloved ones.

Succession in general is governed by two main legislations, namely the Wills and Succession Law, Cap. 195 and the Administration of Deceased’s Estate Law, Cap. 189. Furthermore, as an EU Member State Cyprus also applies the Regulation (EU) No 650/2012 on matters of succession.

Why make a will?

• A will ensures that you can plan what will happen to your property (subject to the heirship rules)
• A will gives you the power to appoint an Executor of your choice
• A will ensures that the distribution of the estate will be quicker and more efficient

In the absence of a will, the estate will be distributed in accordance with the provisions of the Wills and Succession Law, Cap. 195.

Do I need to pay any taxes?

Cyprus law does not impose any inheritance tax obligations following the abolition of the Estate Duty (Amending) Law of 2000.

This applies not only to people domiciled in Cyprus, but to all individuals owning immovable property in Cyprus.

What are heirship rules and how do they affect me?

These rules restrict the freedom of the Testator to dispose all his estate under the will. The disposable portion of the estate refers to that part of the property that can be disposed by a will.

In a nutshell, the heirship rules provide as follows:

• Where the Testator leaves a spouse or a father or a mother but no child or descendant of a child, the disposable portion under the will extends to ½ of the estate
• Where the Testator leaves a spouse and a child or a spouse and a descendant of a child, or no spouse but a child or a descendant of a child, then the disposable portion extends only to ¼ of the estate
• Where the Testator has no spouse, children or grandchildren nor father or mother he / she can distribute all of the estate at their absolute choice

The heirship rules apply to Cypriots and to people from the United Kingdom.

I am not domiciled in Cyprus. Am I still bound by Cyprus law on inheritance?

In accordance with the relevant Cyprus legislation, whereas any movable property will generally be governed by the law of domicile, in general the lex situs, or law of the country in which the immovable property is situated, applies to immovable property.

The concept of domicile is not easily established. In brief, every person has a domicile which he or she gets at birth (“Domicile of Origin”). The Domicile of Origin is subject to change (“Domicile by Choice”). To change domicile a person must:

• Establish physical residence in a place; and
• Demonstrate sufficient intention to permanently reside to that place

The domicile of origin prevails and is retained until a domicile of choice is acquired.

Note: This section is subject to the changes implemented by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. According to the provisions of the Regulation, the courts of the Member State in which the deceased had his habitual residence at the time of death shall have jurisdiction to rule on the succession as a whole (general jurisdiction). In addition, unless otherwise provided for in that Regulation, the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death.

What should I do to execute a valid will?

Drawing up a valid will is quite straightforward. Having said that, the below requirements must be strictly complied with:

• The will must be in writing
• The testator must be of sound mind and at least 18 years old
• The will must be signed at the foot or end thereof
• The will must be executed in the presence of two (2) adult witnesses of sound mind who must be present at the same time and who must attest and must subscribe the will in the presence of the testator noting that neither the executor of the will nor the beneficiaries mentioned therein can act as witnesses
• If the will consists of more than one sheet of paper each sheet must be signed or initialled by the testator and the witnesses individually

Can I revoke my will?

A will may be revoked at any time, provided of course that one has the mental capacity to do so.

Usually, revocation takes place by executing a new will that expressly revokes all previously made wills.

Revocation can also take place by tearing or burning the will or by any other means of destruction.

In addition, a will is deemed to be revoked by the marriage of the testator or by the birth of a child after the execution of the will, if at the making of the will the testator had no children. Such revocation will only take place if the will did contemplate the marriage or birth.

I executed a will in another country. Should I execute a new one?

No. Such a will shall be valid in Cyprus if it complies with the formalities of section 23 of Cap. 195 and/or the provisions of the relevant Hague Convention.

Our Services

Our firm is a trusted leader in all matters of wills and successions law. Our dedicated and experienced team is fully adapt in providing the following services:

• Will drafting / registering the will in Court
• Ensuring safe custody of the will
• Advising and assisting Administrators / Executors / Beneficiaries on all aspects of the administration process
• Preparing / filing all necessary documents for the Grant of Probate
• Expediting the probate process in urgent cases
• Acting as Administrators / Executors