Using a solicitor as an executor of a will.

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Geertruida
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Joined: Sat Jan 07, 2017 4:06 pm

Re: Using a solicitor as an executor of a will.

Post by Geertruida »

Jeba, you can have the German law applied in your Cypriot will.
I'm Dutch and in my Cypriot will I have stated that 'I wish any Cyprus Estate to be settled under the Laws of Succession of the Netherlands'.
jeba
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Joined: Fri Jan 27, 2017 8:38 pm

Re: Using a solicitor as an executor of a will.

Post by jeba »

Geertruida wrote: Sat Dec 18, 2021 12:53 pm Jeba, you can have the German law applied in your Cypriot will.
I'm Dutch and in my Cypriot will I have stated that 'I wish any Cyprus Estate to be settled under the Laws of Succession of the Netherlands'.
Thanks, that´s what I remembered reading. I´m just not sure whether it´s enough to write a will and make sure my children will find it, or must I register it somewhere? I´m perfectly fine with German statutory law applied and none of my assets (except for property) are held within Cyprus. Does Cyprus recognise power of attorneys which are valid beyond death? That would be the easiest way as heirs can act without needing any involvement of authorities dealing with succession affairs.
Geertruida
Posts: 11
Joined: Sat Jan 07, 2017 4:06 pm

Re: Using a solicitor as an executor of a will.

Post by Geertruida »

Jeba, you don't need to register your will. Give your children a copy and tell them where they can find the original. I have appointed my daughter as executor. Will has to be signed by 2 witnesses. I have a separate will in the Netherlands for my Dutch assets.
jeba
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Joined: Fri Jan 27, 2017 8:38 pm

Re: Using a solicitor as an executor of a will.

Post by jeba »

Geertruida wrote: Sat Dec 18, 2021 7:19 pm Jeba, you don't need to register your will. Give your children a copy and tell them where they can find the original. I have appointed my daughter as executor. Will has to be signed by 2 witnesses. I have a separate will in the Netherlands for my Dutch assets.
Does the will have to be signed by witnesses because of Dutch law or because of Cypriot law? German law doesn´t require a witness or a lawyer, so choosing German law should avoid that requirement, shouldn´t it? Couldn´t I simply write that I want German succession law to be applied and give my children a general power of attorney, explicitly stating that it should be valid beyond my death? That way, under German law they wouldn´t even need a certificate of inheritance (which to obtain may prove costly and time-consuming).
Geertruida
Posts: 11
Joined: Sat Jan 07, 2017 4:06 pm

Re: Using a solicitor as an executor of a will.

Post by Geertruida »

Dutch law as well as Cypriot law requires 2 witness signatures on a will. I don't know if a lawyer is strictly necessary but I would always use one just to be sure all is done correctly. My lawyer charged me 100 euros which I thought was worth every penny. A lawyer could also advise you if you need witnesses to sign the will and about the power of attorney.
kansas
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Joined: Thu Dec 29, 2016 10:38 am

Re: Using a solicitor as an executor of a will.

Post by kansas »

Our solicitor said it was perfectly OK not to lodge our Will with the Court. We have the originals and she has a copy.
darrow
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Joined: Thu Dec 29, 2016 11:06 am

Re: Using a solicitor as an executor of a will.

Post by darrow »

WHL wrote: Thu Dec 16, 2021 10:56 am
kansas wrote: Thu Dec 16, 2021 9:22 am We've done the same as Lincoln and have also added a codicil saying that we want our Wills executed according to English law.
How does that work out in Cyprus? does anyone know if this has any legality over here?
WHL Yes it does. You add a coficil to your will saying you wish for it to be regulated under UK law. You can find a copy on Blevins Franks site. I did our wills myself and took to court house, along with two witnessess who signed them in front of the clerk, who then sealed and stamped them and gave us numbers for the wills . These supercede any previous wills. Our lawyer put himself down as executor, which we never asked him to. We got rid of him!
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