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Cyprus Eastern Forum Index » Ask Nigel A Question » Wills
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Wills 
Post: #1   PostPosted: Thu Jul 04, 2019 10:31 am Reply with quote
palmtree
Joined: 28 Oct 2008
Posts: 561
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Hi Nigel.i gifted my sister my house in cyprus a couple of years ago.In her will she has left it to my other sister..However now we want to will it back to me.But the solicitor now says we canít just do that as so much of the estate is kept by the government .Another portion has to to her children etc .It sounds very complicated .We were advised to have a Cypriot will But this doesnít seem to be the best.My sister is resident in the uk and would like me to receive the property in full if she passes before me .can you shed any light on this for me .We have the e mail from the solicitor but itís very complicated to me .I also am resident in uk .kind regards Palmtree
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Post: #2   PostPosted: Thu Jul 04, 2019 11:21 am Reply with quote
Baggysdad
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Under EU law, your sister can draw up a Will electing for her Cypriot estate to be distributed according to English law - which enables her to gift her Cypriot estate to whoever she wants. However, sometimes, some Cypriot courts sometimes ignore this EU law and insist on interpreting a Will under Cyprus law. Under Cyprus law, your sisters children (if she has any) would be entitled to a share of her Cypriot estate, but not the Government. Your sisters children can disclaim their right to inherit their mothers Cypriot estate.

So the solictor is taking rubbish. Get someone who knows what they are talking about to draw up the Will.

Paul
Willpower Limited
http://www.willpower.co.uk/services-2/cypriot-wills
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Post: #3   PostPosted: Thu Jul 04, 2019 1:15 pm Reply with quote
palmtree
Joined: 28 Oct 2008
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hi Paul. Thank you very much for your reply. You were indeed correct and the solicitor has now said what you have said . I can now rest a bit better. Once again thank for your time. Regards Palmtree
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Post: #4   PostPosted: Fri Jul 05, 2019 4:15 pm Reply with quote
nhowarth
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Hi palmtree

Paul is correct - and your lawyer is a numb-nut who is speaking through an orifice normally reserved for another purpose.

It's essential that your daughter includes a clause along the lines of the following in her Cyprus Will:

"I, [daughter's name], wish the devolution of my property in Cyprus to be goverened by the Law of my Nationality, namely English Law".

Regards,

_________________
Nigel Howarth
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Post: #5   PostPosted: Sat Jul 13, 2019 7:31 pm Reply with quote
palmtree
Joined: 28 Oct 2008
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Sorry Nigel for late reply..Thank you..yes I shall advise her to do this .kind regards Palmtree
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Wills 
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