Paphos Life

Hi all,
I'm not sure how to put this but here goes.
When you have named a solicitor as the executor of a will, do you then have to use that solicitor as the executor when the time comes to deal with the will after a death.
Or are you allowed to name a different person as executor after a death.
Any advice would be appreciated, many thanks.

Yes, If you name the solicitor as executor he will handle the estate when you die, you would need to add a codicil to the will naming a new executor to change this.

In Cyprus one or more of the executors or a lawyer working for them, must be a Cypriot resident.

If you name a lawyer as executor he can and will charge your estate an hourly charge based upon his standard charges unless you agree a fee before death.

You can list your next of kin as executor and they can negotiate with a lawyer to work for them, that is what we have just arranged for our will.

Gary

We were advised by the solicitors who drew up our wills that it was unwise to name a solicitor as an executor, as the fees were bound by the regulatory body and were charged as a per-centage of the estate. They said it was better to name a family member as executor and to get them to ask for a quote to administer the estate when the time came...............quite a while since we did this so it may have changed now.

Princebytor wrote: ↑Tue Dec 14, 2021 11:41 pm We were advised by the solicitors who drew up our wills that it was unwise to name a solicitor as an executor, as the fees were bound by the regulatory body and were charged as a per-centage of the estate. .

Friend of ours were charged 8% by executor/lawyer when his dad died - special discount reduced it to €10K

Is it mandatory to have a solicitor (btw, what´s the difference between a solicitor and a lawyer). Or even an executor? What would you need an executor for if there is no disagreement between heirs?

I changed my Will after consultation with an English lawyer based in Pafos after I was advised against using a solicitor ,lawyer as an executor due to them legally been able to charge in some cases up to 10% .
I withdrew and distorted the original Will lodged with the law court and raised a new Will naming my children which is kept by the lawyer at no charge

bmwx5 wrote: ↑Wed Dec 15, 2021 10:02 am I changed my Will after consultation with an English lawyer based in Pafos after I was advised against using a solicitor ,lawyer as an executor due to them legally been able to charge in some cases up to 10% .
I withdrew and distorted the original Will lodged with the law court and raised a new Will naming my children which is kept by the lawyer at no charge

we did the same.

When we retired to Cyprus 17 years ago and had our Wills drawn up we were advised not to use the lawyer as the executor for reasons outlined above.

Jeba: you do need an executor but it only needs to be a Cyprus resident, not a lawyer.

BMWX5: Your new will needs to be deposited at the law court for it to stand.

We checked all these points this year when we did our will.

Gary.

glang3000 wrote: ↑Wed Dec 15, 2021 9:48 pm Jeba: you do need an executor but it only needs to be a Cyprus resident, not a lawyer.

BMWX5: Your new will needs to be deposited at the law court for it to stand.

We checked all these points this year when we did our will.

Gary.

Couldn´t I simply choose in my will to have German law applied, given that I´m German and therefore an EU citizen? I seem to remember that EU citizens can choose their home country's inheritance law. according to German law you wouldn´t need a lawyer nor any third party. Indeed, when my mom passed away all I needed was the power of attorney she had given to me.

We've done the same as Lincoln and have also added a codicil saying that we want our Wills executed according to English law.

[quote=glang3000 post_id=146796 time=1639597681 user_id=1012]
Jeba: you do need an executor but it only needs to be a Cyprus resident, not a lawyer.

BMWX5: Your new will needs to be deposited at the law court for it to stand.

We checked all these points this year when we did our will.

Gary.
[We lodged our will at the court, it is stamped /sealed and entered into a large ledger, quite quaint really. We were told this makes it easier to administer but it does not invalidate the will if you don't do it- something to check maybe.]

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?

An article by NIgel Howarth regarding lawyers & wills. https://www.news.cyprus-property-buyers ... d=00159318
And Blevin Franks have an article re Wills & Succession Law https://www.blevinsfranks.com/cyprus-ch ... ssion-law/

WHL - fortunately we haven't had to put it to the test yet but it was suggested by our lawyer several years ago to avoid the Cyprus default of enforced inheritance by children of the deceased.

kansas wrote: ↑Thu Dec 16, 2021 5:51 pm WHL - fortunately we haven't had to put it to the test yet but it was suggested by our lawyer several years ago to avoid the Cyprus default of enforced inheritance by children of the deceased.

I wouldn´t mind that but I don´t want my children having to struggle with Cypriot bureaucracy. Can I get around that by choosing German law to be applied? If so, is it enough to write a will to this effect or would I have to register it e.g. at a Cypriot court? Is a power of attorney valid beyond the death of the constituent (that way I could transfer everything, including property, into my name without even having to apply for a death certificate when my mom had died in Germany)?

Jeba, can't answer your question as it's really one for your lawyer but the Blevin Franks article (above) touches upon this subject.

Do not use a solicitor as the executor of your wills, they charge too much.

As some of you will know I lost my wife in January.

We cross fired our wills so we where executors for each other in our wills.

As executor for my wife I appointed my solicitors to do the admin work for me at an agreed price plus vat.

I am very happy with the work there doing for me and are keeping me full informed as to what is happening, it is only the amount of time that it is taking to get things done.

Paul

Surely the best of both worlds is to agree in the Will how much, percentage or absolute figure, your preferred solicitor will charge to be executor.

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'.