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Cyprus Eastern Forum Index » Legal Questions & Issues » New laws regarding wills
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New laws regarding wills 
Post: #1   PostPosted: Wed Jun 15, 2016 9:31 am Reply with quote
English Pat
Joined: 07 Jan 2011
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Hi has anyone got any information on the new laws for wills in Cyprus. I know they say you can not leave anything to step children, but don't know what their other rules are. There is a EU directive that says you can have your will administered by the laws of your country of origin. We paid a solicitor last year to put this clause in our wills. but she said she did not know if the UK had signed the directive yet. And if the UK leave the EU it wont apply anyway. This may mean we have to sell up because we both have stepchildren who are named in our wills. another thing to make living here a minefield, no deeds for 9 years, promise to put us on the mains in 3 years came to nothing, and now we cant leave our house to our kids. Pat
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Post: #2   PostPosted: Wed Jun 15, 2016 2:27 pm Reply with quote
Dave B
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Location: Paphos Cyprus

 
Pat

I think your lawyer has not the faintest idea of what she is talking about.

The new(ish) wills law has nothing to do with UK, Brexit or indeed being an EU citizen.

My wife and I are from crown dependencies that are not part of the EU.

When we prepared a new will to be compliant with the Cyprus Law we stated that it was our wish that our will was administered by the Laws of our domiciled territory. (We then then listed the precise inheritance law in force in our home land.) We then showed the wills to the court registrar who confirmed that they were compliant and he registered them.

So many Lawyers in Cyprus and too many have no idea what they are doing or the advice they are giving.

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Post: #3   PostPosted: Wed Jun 15, 2016 4:32 pm Reply with quote
Kwacka
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If you use the search button above you will find several threads on this topic.

HTH

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Post: #4   PostPosted: Wed Jun 15, 2016 4:46 pm Reply with quote
clive of payia
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Your Wills need to clearly state under which countries law you wish you Will to be Probabated under, UK in our case and if you wish to be buried or cremated, when of course Cyprus gets round to sorting cremations out.

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Post: #5   PostPosted: Fri Jun 17, 2016 6:57 am Reply with quote
Baggysdad
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The EU law (effective August 2015) provides for an election to be made in a Will on which law is used to administer your estate, which can be the law of nationality or the law of residence. This is binding on the country where the property is located, and the nationality of the person making the election (and therefore the nationality elected) is irrelevant, it can be a national outside of the EU. A Canadian national can elect for the laws of Canada to apply to the distribution of their estate.

What gives effect to this is that Cyprus has signed the EU law so it is binding on Cyprus to respect the EU law that someone, anyone, has elected the law of their nationality to be used to administer their estate.

There is another part of the EU law which says that probate obtained in another EU country that has signed the directive must be accepted in another EU country that has signed the EU law. Because the UK did not sign the EU law, this does not apply in the EU (including Cyprus) so the Will of a UK national still has to be probated in the EU country where assets lie, but those assets must be distributed according to the election made in the Will.

English Pat, assuming you are English, if you have an election in your Will for English law to apply to the administration of your Will, although your Will is going to need to be probated in Cyprus, it is binding on Cyprus for your estate to be distributed according to English law.

Paul
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New laws regarding wills 
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