The procedure of making a will in Cyprus
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A will or testament is a legal document that includes a person's wishes regarding the division of their assets after their death. This process is governed by Chapter 195, the Cyprus Succession Law and Wills.
Anyone who owns assets in Cyprus, including any movable and immovable property, and is interested in making a will based on Cyprus law, should consult a lawyer. To be valid and executable in the future, the will must meet specific criteria provided by local law.
The ability of a person to draft a will in Cyprus
Any person over the age of 18 who is of sound mind has the legal capacity to draw up a valid will in Cyprus.
The person can dispose of all or part of the available share of his/her property (Articles 21 and 22 of the law).
The conditions for a valid will in Cyprus
For a will in Cyprus to be valid, it must be written and executed in a specific way (Article 23 of the Law) and clearly express the testator's final wishes. The will must meet the following requirements:
- First Condition: The will must be signed at the end or bottom by the testator or by another authorised person in the testator's presence. An illiterate person, instead of a signature, may put his mark or seal.
- Second Condition: The signature of the testator or of a person acting on his behalf must be made in the presence of at least two witnesses present at the same time. The testator and both witnesses must be present for the entire signing.
- Third condition: The witnesses sign the will to confirm that the testator signed it.
- Fourth condition: If the will consists of more than one sheet of paper, the testator and the witnesses must sign or initial each sheet before the last.
When making a will, it is essential to ensure it complies with the above formalities. It is also advisable to draft the will as precisely as possible, as the person's will to grant a specific asset must be clear.
If any of the above requirements of Article 23 of Chapter 195 are not met, then the will is invalid and cannot be executed or survive based on witnesses who can orally confirm its validity.
Clarifications regarding the requirements of Article 23
By signing below the signature of the testator, witnesses only confirm that the testator signed in their presence. They do not need to know the contents of the will.
Criteria for choosing the witnesses of a will
The witnesses of a will have to be individuals 18 years old and above and sound of mind. Moreover, a witness cannot be a person who participates in the will as an heir, their spouse or their child.
If the above happens, then he/she will not be entitled to receive his/her share. However, this fact does not affect the will's validity as a whole.
Law to apply in a will
While drafting the will, the testator has the right to choose and include in his/her will the law applicable for executing the will. If the testator does not specify an applicable law in the will, the law in effect at the time of their death will apply. If the testator changes his/her place of permanent residency, this fact does not affect the will's validity.
Will drafting and signing under duress
If they know that a will has been signed in Cyprus under duress, the heirs have the right to file a case at the Court to cancel the execution of such will. Nevertheless, the heirs must provide sufficient evidence at the Court indicating that the testator signed unwillingly or that the will is forged.
Cost of making a will
The cost of legal services for creating a will in Cyprus starts from €500 plus VAT (19%).
Revocation of a will
Any individual interested in forming a will must be aware that the original draft should always be kept in a safe location. The original will must be presented to the Court to enforce its terms.
Registering it at the Court is a method to secure the original will. If, in such a case, the testator wants to withdraw it, he or she should address the Registrar with his/her request, and the will should be destroyed in the testator's presence.
A will may be revoked in any of the following ways
- By the execution of a later will by which the previous will is revoked.
- By destroying it, another person can destroy it under the instructions and in the testator's presence.
- Under Article 38 of Chapter 195, a will is automatically invalidated if the testator marries or has a child after the will was created. The only exception is if the will explicitly states it was made in anticipation of a future family.
What part of their estates in Cyprus or abroad can testators allocate by will
As explained in Article 41 of the law, each person may lawfully allocate the available portion of his/her inheritance by will to any person or organisation.
For example, when a person dies, leaving:
- spouse and/or children, the available portion of the inheritance shall not exceed ¼ of the net worth of the inheritance
- spouse or father or mother, but not children, the available portion of the inheritance shall not exceed ½ of the net value of the inheritance
- neither spouse, children, father, nor mother, the available part of the inheritance is the total of the inheritance.
For example, if a testator dies, leaving a spouse and children, they should receive equal shares.
If a person allocates by will more than his/her available portion based on the above requirements, then the portion that will be allocated will be decreased to match the above criteria.
If a person dies leaving a spouse but no children, neither father nor mother, then the spouse is allowed to inherit, if provided by the will, up to the total available assets of the deceased, which, for example, could be shares in a Company, bank account balances, property in Cyprus, cars and so on.
Beyond establishing the above requirements of Article 41, the forced heirship is applicable.
Will lawyers in Cyprus
Our law firm provides complete services regarding wills, which include:
- Will drafting and registration with the court.
- Advice on Cyprus will disputes.
- Advising on issues relating to wills and succession law.
- Ensuring the safekeeping of the will until its execution is made necessary.
- Appearing where necessary before the Courts.
Frequently asked questions
What kind of will is considered valid?
Any person with a sound mind over 18 can make a valid will. The criteria for validity are found in the Wills and Succession Law, Cap. 195 of the laws. The content must demonstrate that it is the true testamentary intent of the testator.
The testator must sign at the end or bottom of the will; the signature must be made in the presence of at least two witnesses simultaneously. That means at the time of signing, both the testator and the witnesses must be present simultaneously for the entire period of signing the will. Then, the witnesses sign the will to confirm that the testator signed it.
The witnesses do not have to be aware of or understand the details of the will. They only confirm that the testator signed in their presence. If the will consists of more than one sheet of paper, each sheet, before the last, is signed or initialled by the testator and the witnesses.
If these requirements are unmet, the will is invalid and cannot be executed. The witnesses of a will must be individuals 18 years old and above and of sound mind. Moreover, a witness cannot be a person who participates in the will as an heir, spouse or child. If the above happens, they will not be entitled to receive their share. However, this fact does not affect the will's validity.
When can I contest a will?
The grounds for contesting a will in Cyprus are invalidity, incapacity (the testator did not have the legal capacity to make a will), undue influence (the testator did not make the will freely), or fraud (the executor committed fraud when the will was signed).
These grounds void a will. If the will does not give the heirs their rightful portions, it is not declared void; it is readjusted to reflect the percentages required by the law.
Is making a will in Cyprus expensive?
The cost of legal services for making a will in Cyprus starts from 500 euros plus VAT (19%).
When does a will take effect?
A will takes effect immediately after the testator’s death by a procedure carried out by the executor or administrator of the will through the court.
What are the rules of inheritance in Cyprus?
Cyprus has a forced heirship regime. This means that a statutory portion (¾) of the estate must go to the deceased’s rightful heirs, i.e., the children or children’s children and a spouse. The remaining ¼ is the disposable portion, which the testator is free to dispose of in any way they like.
If the deceased leaves no children, the disposable portion varies according to whether they have left a spouse or other relatives.
What is the Succession Regulation?
The EU Regulation on Successions is Regulation (EU) No 650/2012 of 4 July 2012. This settles jurisdiction (which court executes the will or administers intestacy), allows a choice of law within limits, and creates a European Certificate of Succession.
In short, the Regulation says that the courts that can rule on succession are the member state's courts where the deceased had their “habitual residence”, i.e., in the member state where they lived.
A person has a limited right to choose the law that applies to their will. They can declare that it is the law of their nationality, even if they live in a different member state. The law of nationality can be the law of a third country; it does not have to be the law of an EU country.
The choice of law is limited to prevent a person from purposefully “choosing” the legal system that will enable them to avoid the laws of their own country. The choice of law must be made expressly in a declaration or disposition. People with multiple nationalities can choose any of them.
A European Certificate of Succession is issued by the member state authorities who will do the succession, and is recognised across the EU. It enables the heirs to receive property in another member state without going through the court system again.
Is an English will valid in Cyprus?
If the English will is valid in the UK and has been sealed by a UK court or a UK court has granted administration documents concerning it, it can be resealed in a Cyprus court and operate as a valid will.
Can I make a will in Cyprus for UK assets?
This is possible, yes. However, because of conflicting laws, you are advised to make a will in the UK for your UK assets.
Can a will in Cyprus be cancelled or changed?
Cancelling a will is referred to as revoking a will. It can be done in the following ways:
1) By a second will expressly revoking the first.
2) By a second will with provisions antithetical to the first.
3) By destruction, such as burning, by the testator or another person in the testator’s presence. The testator must destroy the will with the intention of revoking the will.
4) If the testator has a child and or marries after making the will. This is so unless the will makes it evident that the testator anticipated having a child or marrying. It is possible to make amendments (changes) to a will.
However, you must follow certain formalities. The amendment must satisfy the general requirements of wills (e.g. signed in the presence of two witnesses), and the signature of the testator and witnesses must appear next to or near the amendment.
Who is the executor of a will in Cyprus?
The executor of a will in Cyprus is the person nominated by the testator as the executor. The executor carries out the testator's last wishes.
Is there any inheritance tax in Cyprus?
No, there is no inheritance tax in Cyprus.
