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Cyprus Eastern Forum Index » Property Action / Support Groups » Can a person who does not live in Cyprus be an executor
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Can a person who does not live in Cyprus be an executor 
Post: #1   PostPosted: Sat Jan 08, 2011 2:05 pm Reply with quote
English Pat
Joined: 07 Jan 2011
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I saw an article in a Cypriot paper saying that a person was not allowed to have an executor who did not live in Cyprus, we have used an English solicitor and she has told us to name our children in the uk.

The article said that the persons solicitor took them to court over this and won so they had to use him, and were not allowed to use the ones they had appointed. Who is right on this?
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Post: #2   PostPosted: Sat Jan 08, 2011 4:46 pm Reply with quote
baileyboy
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A lot of us changed the executor of our wills once we realised that most lawyers in Cyprus appointed themselves as executors and charged 10% of the value of the estate as their fee!!!
We changed our executors to our family in the UK and as Cypriot law is supposed to be based on English law this new will should be upheld in the Cypriot courts.
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will in Cyprus 
Post: #3   PostPosted: Sun Jan 09, 2011 7:19 am Reply with quote
English Pat
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Hi yes we thought that, but the article in the Cypriot paper said that a Cypriot lawyer disputed the fact that his clients executer did not reside in Cyprus and the case was upheld in his favour.

Our lawyer said that she would deal with our wills if we wanted her to, but she is English as well, so wondered how we would stand if she decided to return to the UK as well. :?:
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Post: #4   PostPosted: Sun Jan 09, 2011 8:34 am Reply with quote
Elizavet
Joined: 16 Jul 2005
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Hi,
As this article appeared in a Cypriot newspaper, were the parties involved Cypriot born?

At the last meeting it was stated that if you are a UK born national the laws around probate and executors differ, something to do with the days when Cyprus was governed by the British.

Nigel was present at the meeting, and Baileyboy may have the lawyers contact details who was present when this was discussed.

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Elizavet
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Post: #5   PostPosted: Sun Jan 09, 2011 10:46 am Reply with quote
baileyboy
Joined: 26 Nov 2009
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Location: avgorou

 
In response to Elizavet post the phone number for Stelios is 22445800.
He gave out a lot of important information in response to members questions at the last Property In Cyprus Action Support Group. You could also have a look at 'Willpower'' web page.
As far as I know it does not make any difference if the executor lives in the UK. They will need to shop around for a good lawyer(I won't hesitate to recommend Stelios) to handle the probate. You could have a will drawn up for your Cypriot assets and another to cover your British assets. The only benefit of this is that probate can be carried out in Cyprus at the same time as it is carried out in the UK. If there is only one will the executors would have to wait until probate is finished in one country before applying for probate in the other country.
Seek legal advice as it can be a bit of a minefield.
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Post: #6   PostPosted: Mon Jan 10, 2011 9:01 am Reply with quote
English Pat
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:) Hi, I am not sure if they were English, I have not got the paper now, but their executors where living in England.

Our solicitor was great and seemed to know her stuff, the first solicitor we had was working for the developer, and named himself, and said we had to register the wills in the courts at extra cost etc. We also told him we intended to move so that the will was only provisional, and we may want to add to it, he said no problems we can change it when you move, and add to it. When we tried to do this he said we had to make the wills again.

Then we went to an English solicitor who was so through and made the wills so much better, and cheaper as well. So if you attended a meeting and it was confirmed itís OK if British born, then I think that has put our minds at rest over this. We just did not want to cause our kids any problems. Thanks for your time Patricia
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Post: #7   PostPosted: Sat Jan 29, 2011 12:52 pm Reply with quote
Baggysdad
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There is nothing in Cyprus legislation on Wills that requires an executor to be resident in Cyprus. End of.

I am guessing that what has happened in the reported case is that someone has made a Will appointing a Cypriot lawyer as executor and then has died.

The beneficiaries are now trying to remove the Cypriot lawyer or are trying to administer the estate without using the Will and/or the Cypriot lawyer who is appointed as the executor - and that's where it's got messy.
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Post: #8   PostPosted: Sun Feb 13, 2011 4:03 pm Reply with quote
nikcnet
Joined: 20 Jan 2007
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Location: Xylofagou

 
It would be helpful to seek clarification at the next meeting of the Action Group on 23 Feb ..... I have received varying advice on this but it would be helpful to know the distinction between someone being an Executor and someone being an Administrator. My understanding is that it is perfectly okay to have Executors who live in the UK and are British but appoint a Cyprus based Administrator to deal with probate i.e. administer the processes involved in handling an estate. The Executor is there to ensure that the wishes of the deceased are faithfully carried out (within the law) .... they would use and pay for the services of the Administrator to do the detailed work under the direction of the Executor(s).
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Post: #9   PostPosted: Wed Feb 16, 2011 3:09 pm Reply with quote
nhowarth
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Hi nikcnet

This question was raised and discussed at the last Group meeting. There is absolutely no need to appoint an executor who lives in Cyprus or a lawyer here.

Whoever you appoint as your executor(s) will be able to shop around different lawyers in Cyprus and get competitive quotes for handling probate.

Regards,

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Post: #10   PostPosted: Sun Sep 16, 2012 10:20 am Reply with quote
English Pat
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I am looking for a boarding kennel for a dog during October, near to Orolini. Pat
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Post: #11   PostPosted: Sun Sep 16, 2012 10:26 am Reply with quote
jims
Joined: 01 Apr 2006
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Location: Dherynia

 
English Pat wrote:
I am looking for a boarding kennel for a dog during October, near to Orolini. Pat


Is the dog going to be your executor Laughing
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Post: #12   PostPosted: Sun Sep 16, 2012 2:27 pm Reply with quote
anita
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BFAWS 24744432 or 97804228

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Non illegitimi carborundum est
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Post: #13   PostPosted: Mon Sep 17, 2012 10:04 am Reply with quote
English Pat
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OPPS SILLY ME, WELL SPOTTED Pat
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fitting a yale lock to a metal door 
Post: #14   PostPosted: Wed Sep 04, 2013 6:28 am Reply with quote
English Pat
Joined: 07 Jan 2011
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Hi we have a back door that has to be locked with a key. I want to fit a yale lock so that the door will shut and have to be opened with a key. I have a metal door so have been told I cant have a yale lock, anyone know how to fit one please. thanks
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Re: fitting a yale lock to a metal door 
Post: #15   PostPosted: Wed Sep 04, 2013 3:29 pm Reply with quote
Tangutica
Joined: 11 Jul 2008
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English Pat wrote:
Hi we have a back door that has to be locked with a key. I want to fit a yale lock so that the door will shut and have to be opened with a key. I have a metal door so have been told I cant have a yale lock, anyone know how to fit one please. thanks


Pat you seem to be posting these general questions on a thread about probate and executors and lawyers!

Perhaps try starting a new thread for them in the General Section?
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Re: fitting a yale lock to a metal door 
Post: #16   PostPosted: Wed Sep 04, 2013 6:22 pm Reply with quote
scottie
Joined: 01 Feb 2012
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Location: kapparis

 
Tangutica wrote:
English Pat wrote:
Hi we have a back door that has to be locked with a key. I want to fit a yale lock so that the door will shut and have to be opened with a key. I have a metal door so have been told I cant have a yale lock, anyone know how to fit one please. thanks


Pat you seem to be posting these general questions on a thread about probate and executors and lawyers!

Perhaps try starting a new thread for them in the General Section?


Pat if you google your question re a metal door and a yale lock you get detailed instructions on how to fit a yale. Smile
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Can a person who does not live in Cyprus be an executor 
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