Planning the future of your estate is a crucial step in safeguarding your legacy and protecting your heirs. In Cyprus, drafting a will involves navigating a unique blend of local laws and international regulations, ensuring your wishes are honoured while adhering to the island’s distinct legal system. From selecting the right type of will to understanding the rights of heirs and the execution process, this comprehensive guide reveals the key stages and practical considerations to help you make informed decisions.

Key Legal Acts Shaping Wills in Cyprus

Drafting a will in Cyprus requires navigating a carefully structured legal framework designed to protect both the testator and the heirs. Three cornerstone legislative acts govern this process:

1. Civil Code of Cyprus: Lays down general inheritance rules, including those related to drafting wills.

2. Wills and Probate Law, Cap. 195: Outlines procedures for creating, certifying, and executing wills.

3. EU Regulation No. 650/2012: Simplifies cross-border inheritance for EU citizens, ensuring the recognition of wills in international cases.

Cyprus offers flexibility in the types of wills you can create, with the added option to select the jurisdiction—particularly beneficial for international heirs. However, the island’s inheritance laws differ significantly from those in other European countries, so understanding these nuances is essential to ensure your will aligns with local regulations and achieves your intended outcomes.

Choosing the Format of the Will in Cyprus

When drafting a will in Cyprus, the testator must select the most suitable format based on their specific circumstances. Each format has distinct requirements and levels of legal security:

• Handwritten Will Without Witnesses: Entirely written and signed by the testator, without the involvement of witnesses or a notary. It must include clear instructions about property distribution and heirs to avoid any ambiguity regarding the testator's intentions. A handwritten will is valid only if it is fully written and signed by the testator.

• Notarial Will: Considered the most reliable and secure format, this will involves a notary or lawyer who certifies its authenticity and ensures all legal requirements are met, whilst assessing the testator’s capacity. The testator must sign the document in the presence of two witnesses who are not heirs.

• Oral Will (Emergency Will): Reserved for exceptional circumstances, such as situations where a written will cannot be made (e.g., during military operations or aboard a ship). The will must be declared orally in the presence of two witnesses.

• Will by Proxy: This allows a third party to sign on behalf of the testator, provided that the testator is mentally capable and legally eligible. The process must involve two witnesses to ensure validity.

Selecting the correct format is a critical step in ensuring the document accurately reflects the testator's intentions and adheres to legal requirements.

Stages of Making a Will in Cyprus: Your Step-by-Step Guide

Drafting a will in Cyprus is a multi-step process; each stage demands meticulous attention to ensure compliance with legal standards. Here’s an overview of the key stages:

1. Preparation: Assess assets, decide on heirs, and determine the distribution of shares. Special attention must be given to mandatory heirs, whose rights are protected under Cypriot law.

2. Choosing the Form: Select the appropriate type of will based on your circumstances and preferences.

3. Ensuring Legal Capacity: Confirm the testator’s mental and legal eligibility to make a will.

4. Signing the Will: Fulfil signing requirements to validate the document, ensuring witnesses or notaries are appropriately involved.

5. Registration and Storage: While not mandatory, registering the will or storing it securely with a lawyer can streamline future processes.

Preparation for Making a Will in Cyprus

Proper preparation is essential to ensure a will complies with local legislation and reflects the testator’s wishes. Careful attention to detail at this stage helps avoid future disputes and legal complications. Key steps include:

• Assessment of Assets and Property: Begin by compiling a complete list of all assets, including real estate, bank accounts, vehicles, businesses, securities, and other tangible and intangible property. While assets outside of Cyprus do not need to be listed, all assets located on the island must be specified for the will to be locally effective.

• Decision on Heirs: Identify who will inherit the property. This can include relatives, friends, charitable organisations, or other individuals. In Cyprus, "mandatory heirs" (such as children and spouses) have a legal right to a share of the inheritance and cannot be excluded entirely.

• Decision on Shares: Clearly outline how the property will be divided among the heirs. This step involves specific items, such as a car, property, or financial assets. For complex assets, like businesses, appointing an executor may help manage the estate effectively.

Cypriot law imposes limitations on the portion of the estate that can be freely distributed:

1. If the testator has children, only 1/4 of the estate can be allocated to others.

2. If there are no children but a spouse or parents, only 1/2 of the estate can be freely distributed.

3. If there is no spouse or children, the testator has full freedom to distribute 100% of their assets.

Legal Capacity of the Testator and Legal Conditions

Under Cypriot law, a will can only be made by an individual who meets the following criteria:

• Age Requirement: The testator must be at least 18 years old.

• Mental State: The testator must be of sound mind and free from any mental illness or conditions that could impair their ability to make informed decisions. If doubts arise regarding the testator’s mental capacity — such as in cases of dementia — heirs may contest the will.

Witness Requirements

Witnesses play a vital role in validating the will. They must:

• Be legally capable.

• Not be potential heirs to the estate.

For notarial wills, witnesses confirm the authenticity of the testator’s signature and verify their capacity at the time of drafting.

Signing the Will

The testator’s signature is a key element, signifying their intent and confirming that the document reflects their wishes. Specific requirements vary depending on the type of will:

• Notarial Will: The testator must sign the will in the presence of a notary, who certifies the document and ensures the signing is completed under proper conditions.

• Handwritten Will: The testator signs the document in the presence of witnesses, who must also sign. These witnesses cannot be heirs and must confirm both the testator’s signature and presence.

Registration and Storage of the Will

While registering a will in Cyprus is not mandatory, doing so can simplify execution and prevent disputes. There are two primary storage options:

• Storage with a Lawyer: Entrusting the will to a family lawyer ensures its safekeeping and accessibility for the probate process after the testator’s death.

• Personal Storage: The testator may store the will in a secure location and inform a trusted person or lawyer of its whereabouts to facilitate its retrieval when needed.

Taking steps to register or securely store the will provides additional assurance for its effective execution.

Mandatory Heirs and Their Rights

Cypriot law protects the rights of mandatory heirs, ensuring they cannot be entirely excluded from the inheritance, regardless of the testator’s wishes. These heirs include the testator’s children and spouse.

• Mandatory Share for Children: Children are entitled to a mandatory share of the inheritance, representing the minimum portion they would receive under the law. This share cannot be reduced or excluded by the terms of the will.

• Mandatory Share for Spouse: The spouse is similarly entitled to a mandatory share, which varies depending on the presence of other heirs, such as children. If the spouse is excluded from the will, they have the right to contest it in court.

Adhering to these rules is essential to avoid disputes and ensure the will’s enforceability.

The Inheritance Process

In Cyprus, the inheritance process begins after the testator’s death, focusing on verifying the will’s authenticity and executing its instructions. The process unfolds as follows:

• Submitting the Will: The original will and the testator’s death certificate are submitted to the District Court to initiate the probate procedure. The court reviews the will for compliance with legal requirements.

• Court Decision: If the will is deemed valid, the court authorises its execution. An executor is then appointed to oversee the distribution of assets according to the will’s instructions.

This structured process ensures that the testator’s wishes are honoured while complying with Cypriot inheritance laws.

The Execution Procedure

The Administrator’s responsibilities include:

• Settling the debts of the deceased.

• Collecting and distributing the assets among the heirs.

• Submitting a report to the court detailing the work completed.

Documents Required to Initiate the Process

• Death certificate (with certified translation).

• Certificate of Right to Inherit, issued in the deceased's country of citizenship, if the probate process has been completed there. This document must list the legal heirs and include a translation and apostille.

Transferring Property to Heirs

To transfer property to heirs, the executor must secure a certificate of no tax debt from the Inland Revenue Department. Similar approval is required from the relevant institutions, such as the Department of Land and the Department of Transport, for assets like real estate or vehicles.

Documents Required for Real Estate Transfers

• The property purchase agreement in Cyprus.

• The property title deed.

• Marriage certificate.

• Birth certificates of children (legal heirs).

• Relevant statements or information for any active accounts in Cypriot banks.

• Confirmation of the deceased's tax residency.

This meticulous process ensures compliance with legal requirements and facilitates the smooth distribution of assets.

Contesting the Will

Heirs may contest a will on various grounds, such as if they believe the testator lacked capacity, the will was made under undue pressure or threats, or if it infringes on their rights as mandatory heirs. In such cases, the court evaluates the will’s validity and determines whether it should be upheld or declared invalid.

International Aspects of Will Drafting

As a favoured jurisdiction for foreign nationals acquiring property, Cyprus presents unique considerations for wills involving international assets. When drafting a will, consideration of the following factors is essential:

• EU Regulation No. 650/2012: Enables individuals to select the jurisdiction for their inheritance, simplifying cross-border processes.

• Recognition of Wills: The recognition of Cypriot wills in EU and non-EU countries depends on compliance with local laws.

A will created in Cyprus is valid for all assets within the Republic of Cyprus, irrespective of the testator’s nationality. However, for assets located abroad, it may need to be adapted to align with the legal requirements of the respective country.

Ensuring a Secure Legacy

Drafting a will in Cyprus requires strict compliance with legal formalities and consideration of the rights of mandatory heirs. Careful planning and adherence to regulations minimises the risk of disputes and ensures the testator’s wishes are respected.

For wills involving international assets or complex estates, consulting experienced legal professionals specialising in Cypriot inheritance law is strongly advised.

Elina Almanova
Lawyer - Legal Consultant
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