Paphos Life

Ruth Hatfield has often been recommended for drawing up a Cyprus Will.

http://www.ruthhatfieldlawyer.com/index.htm

You don't need to appoint a Cyprus lawyer as your executor - in fact, it's preferable (and cheaper for your heirs) if you don't. For instance, I am my OH's executor and he is mine. We have also each appointed someone else who is trusted to act in accordance with our wishes (as specified in the will) in the event of pre-decease of the first named executor.

In order not to fall foul of Cyprus inheritance laws (which I understand specify what proportion of your estate goes to your wife and what proportion to your children), simply specify at the beginning of your will that you wish your will to be enacted in accordance with the inheritance laws of xxx (country), being the yyyyy (name the law).

We've registered and lodged our wills with the Cyprus Registrar, based at the Paphos law courts.

There are many firms, not just lawyers, that can help with drawing up wills - have a look in the free magazines Grapevine and Cyprus Living for starters.

Once a consensus is reached on what counts as good advice (I have no idea I am afraid) I will summarise it and add it to the useful Info section, as I imagine this will affect a fair few people.

As far as I know you can choose whether Cypriot inheritance law or the law of your country of citizenship should be applied. At least as long as it´s an EU country. Not sure whether that changes for Brits after Brexit.

jeba wrote: ↑Wed May 24, 2017 3:56 pm As far as I know you can choose whether Cypriot inheritance law or the law of your country of citizenship should be applied. At least as long as it´s an EU country. Not sure whether that changes for Brits after Brexit.

I believe it will as the new regulations regarding stating the country you wish the will to be enacted in accordance with, came about via the EU Succession Regulation governing EU countries.

As Cyprus removed the right in law for UK and Commonwealth nationals to make a free will (instead reverting to the Cypriot forced inheritance laws), presumably after Brexit- this is what we will be left with.

From Blevins Franks website - it's the good news bit that will be lost when we leave the EU!

Wills and Succession Law

On 3rd July 2015 “section 42” was removed from Cyprus’ Wills and Succession Law. This section allowed UK and Commonwealth nationals to use their will to freely dispose of their estate, so you could divide up your property and assets however you wished.

Cypriots themselves have to follow a forced heirship regime where the majority of an estate must pass to the surviving spouse and children, in defined proportions. This law now also applies to all foreign nationals living here. This is a significant change for most UK nationals who are not used to such restrictions (Scotland and Northern Ireland do have some).

The good news is that a new EU succession regulation (‘Brussels IV’) came into effect on 17th August and allows expatriates to opt for the law of their country of nationality to apply on their death, as opposed to that of their country of residence. This choice must be made in your will, before you die, otherwise Cyprus law will apply.

Jeanne

We too made new wills via Marion Carter, and found her to be very competent.

Trev..

What is unclear to me is whether the law you choose will have any bearing for inheritance taxation. Would choosing German inheritance law imply that German inheritance tax will be due?

It would I think be better to ask that on a German Group / forum..

Trev..

Hi Wensbry

Executor has to be over 18 and of sound mind. They do not have to be resident in Cyprus.
You do not have to place your Will in the law courts.
Do think of the practicalities of having child / grand child based in UK or elsewhere attempting to deal with probate.
Likewise if you ask a close friend based here, you need to be sure they don't want go back to the UK or pop off before you do!
As suggested having a lawyer as executor can be expensive, there is a minimum fee equation in the Cyprus Bar Association handbook they have to abide by. The equation alters dependant on the value of your gross and net estate. Their is NO maximum fee.
A lay executor is unlikely to be able to complete the probate work on their own. As 1. It is all in Greek 2. There are some steps that require a legal signature. However the executor can get quotes from law firms to do specific tasks.
I have clients that have used Ruth and also Marion to draw up Wills and all seem happy.
Good luck
Lee

What I failed to " realise " was although me and my husband had made a straight forward will i.e.
Him to me / me to him that Cyprus wills still
Have to go to probate.
Having just completed this ( it's took over a year) I have the following advice
If you buy a car put both names on the log book
Otherwise the surviving partner cannot sell it
Until probate is finalised
Mine was parked up in the driveway loosing
Money for over a year

If you own a property you will be unable to sell it until the probate is finished and the deeds are
Put into the spouse/partners name (our deeds were in both names )

My bill for probate was 600 euros court costs
and 4000euros solicitors fees

Lofos-Jan wrote: ↑Wed May 24, 2017 10:32 pm
The good news is that a new EU succession regulation (‘Brussels IV’) came into effect on 17th August and allows expatriates to opt for the law of their country of nationality to apply on their death, as opposed to that of their country of residence. This choice must be made in your will, before you die, otherwise Cyprus law will apply.

Jeanne

Why would that be affected by Brexit? If I was from Egypt, and moved to Cyprus, would I not be able to opt for the law of Egypt? Or does this only apply to EU nationals?

Happy in Cyprus wrote: ↑Fri May 26, 2017 3:20 pm If you don't ask for this clause to be incorporated into your Will (prefereable) or added as a codicil (less preferable) then your Will will be determined according to Cypriot law, which is a big no-no for most of us.

Why is that so? What´s the problem with Cypriot inheritance law? As far as I´m concerned it would stipulate that my estate would go to my children (given that I´m widowed) just as it would under German law, which I´m totally okay with. The only problem I have is that I don´t know whether my kids would have to deal with Cypriot bureaucracy and whether I can avoid that by opting for German law (which is quick and easy to deal with in that regard, judging from my experience after my dad´s death).

Austin7 wrote: ↑Fri May 26, 2017 2:00 pm

Dominic wrote: ↑Fri May 26, 2017 11:55 am

Lofos-Jan wrote: ↑Wed May 24, 2017 10:32 pm
The good news is that a new EU succession regulation (‘Brussels IV’) came into effect on 17th August and allows expatriates to opt for the law of their country of nationality to apply on their death, as opposed to that of their country of residence. This choice must be made in your will, before you die, otherwise Cyprus law will apply.

Jeanne

Why would that be affected by Brexit? If I was from Egypt, and moved to Cyprus, would I not be able to opt for the law of Egypt? Or does this only apply to EU nationals?

I thought it only applied to EU countries but I maybe proved wrong.

If I remember correctly (which is a big IF) it applies to all EU countries and those countries which have a special agreement with Cyprus in place. So it would depend on which country you´re talking about.

But if you all re-read my original post, Cyprus removed the original law UK and Commonwealth law allowing wills outside of Cypriot inheritance laws in 2015. They then replaced it with the new EU regulations which allow stipulation of country. As I read it therefore, when the UK comes out of the EU, they will only have the option of Cypriot Succession law as the new law relates to EU countries, Perhaps someone can confirm otherwise but I can't see how to get around it.

Jeanne

This is a good summary of the situation and how it changed 2 years ago and which is written by your recommended lawyer Lloyd (Marion Carter). To me it clearly states that the exemption to the Cypriot rules is for participating EU members only.

http://www.solicitors-cyprus.com/wills- ... our-choice

Jeanne

I am rereading it Lloyd and it may be that although this is the law for the EU countries participating, it may then apply to ANY nationality (not just EU) to stipulate their country's law. Not clear but if you can confirm at some point, please post back.

Jeanne

The following is from Michael Kyprianou's website. It says that non EU's can state their country's laws (which would be the case for the UK after Brexit - same as for the Russian example) although I'm struggling a bit with the last paragraph/sentence.

"Is it possible for someone to choose the law that will apply to his succession?

Generally, the law of the country where deceased has his last habitual residence will apply on his succession. However, a person can choose the law of his country of nationality should apply to his succession. The country whose law is chosen can be an EU Member State or non- EU country.

In a case where the deceased has chosen the law of his country of nationality which is EU Member State to apply on his succession then the interested parties are able to agree that the Court of his EU Member State of nationality will have an exclusive jurisdiction in respect of his succession.

However if the deceased has chosen the law of his nationality which is non EU country but he had his last habitual residence at the time of his death in an EU Member State then the law of non EU country will be applied by the Court authorities of EU Member State. In other words, the applicable law is determined from the law of his country of nationality (non EU country) and the jurisdiction belongs to EU Member State where the deceased had his last habitual residence.

For example if the deceased who is Russian has chosen Russian law (third country) to apply on his succession but he has habitual residence in Cyprus (EU Member State) therefore Courts of Cyprus will have the jurisdiction to deal his succession applying Russian law. However in practice we can argue that it is more appropriate the chosen law of one country to be applied by the courts of the same country because the judges and lawyers will have the knowledge of the particular chosen law".

Happy in Cyprus wrote: ↑Fri May 26, 2017 6:39 pm

jeba wrote: ↑Fri May 26, 2017 5:12 pmWhy is that so? What´s the problem with Cypriot inheritance law? As far as I´m concerned it would stipulate that my estate would go to my children (given that I´m widowed) just as it would under German law, which I´m totally okay with.

You may be different jeba, but we want our estate to go to who we want it to go to, not how the Cypriot government determines how an estate should be split up. It's our money...so it's for us to decide who we wish to benefit and in what proportions.

While I think there are good reasons for forced heirship rules as, an individual I want my personal choice to be followed, of course. So I´m not that much different. However, as in my case that doesn´t deviate from forced heirship rules it´s not an issue for me.

What is an issue however is whether it makes a difference which law is chosen in practical terms. Obviously I´d like my kids to have as little bureaucratic trouble as possible and to pay as little inheritance tax as possible. From what I´ve read so far it seems that the tax depends only on the country of residence of the heirs, not of the deceased. So that´s nothing I have control over. But what about the practicalities? Does anybody have experience with dealing with inheritance issues in Cyprus? If I understood correctly there is now something like a "European Certificate of Inheritance" which could be issued by the country the law of which was chosen and which would have to be accepted by all EU member states. Would that do away with potential bureaucratic hurdles such as e. g. the need to have an executor?

Happy in Cyprus wrote: ↑Sat May 27, 2017 12:37 am

Lofos-Jan wrote: ↑Sat May 27, 2017 12:20 amAs I read it therefore, when the UK comes out of the EU, they will only have the option of Cypriot Succession law as the new law relates to EU countries, Perhaps someone can confirm otherwise but I can't see how to get around it. Jeanne

Could be yet another unintended consequence of Brexit This is something we will have to check with Marion Carter in due course, once the picture becomes clearer. There are ways around most things of course...and this is where a knowledeable and competent Wills and Probate lawyer come in.

When you do find out, could you please publicise the answer on here..

Trev..

Happy in Cyprus wrote: ↑Sat May 27, 2017 12:37 am

Lofos-Jan wrote: ↑Sat May 27, 2017 12:20 amAs I read it therefore, when the UK comes out of the EU, they will only have the option of Cypriot Succession law as the new law relates to EU countries, Perhaps someone can confirm otherwise but I can't see how to get around it. Jeanne

Could be yet another unintended consequence of Brexit This is something we will have to check with Marion Carter in due course, once the picture becomes clearer. There are ways around most things of course...and this is where a knowledeable and competent Wills and Probate lawyer come in.

My wife and I come from the Channel Islands which are not part of the EU. Guernsey in particular has its own inheritance law. So when it became necessary to make new wills, we specified that our wills should be opened and interpreted under the appropriate Guernsey Law. The Paphos court registrar looked at our new will and agreed it confirmed with the new Cyprus wills legislation. We then lodged our new wills with the courts. Another friend from the C.I. has done exactly the same.

Why should the situation be any different when UK leaves the EU?