Owning real estate in Cyprus while residing abroad is a significant asset, but it also comes with important estate planning considerations. For non-residents, drafting a Will governed by Cypriot law is a crucial step in protecting your assets and ensuring your wishes are legally respected upon your passing.
Why a Will Under Cyprus Law is Important
Although a foreign Will might, in principle, cover your Cypriot assets, relying on it alone can create delays and legal complexities during probate. Drafting a separate Will under Cyprus law provides numerous advantages:
- Compliance with Local Legislation: Ensures that your estate is administered in line with the Wills and Succession Law (Cap. 195), helping to avoid potential disputes.
- Streamlined Probate Process: A Cyprus-specific Will helps accelerate the legal procedures needed to transfer ownership of your property to your heirs.
- Legal Certainty: Executors and beneficiaries will benefit from clear, locally enforceable instructions, reducing administrative uncertainty.
What Makes a Will Valid in Cyprus?
To be legally enforceable in Cyprus, a Will must meet specific formal requirements:
- The individual making the Will (testator) must be at least 18 years of age and mentally capable.
- The Will must be written and signed by the testator at its end.
- It must be signed by two adult witnesses, present at the same time, who witness the testator’s signature.
- Witnesses cannot be beneficiaries or have any interest in the Will.
Even if the Will is executed abroad, it can still be valid under Cypriot law—provided it meets these requirements.
Executing a Cyprus Will While Living Abroad
It is entirely feasible to prepare and sign a Cyprus Will from outside the country. However, there are important logistical and legal points to keep in mind:
- Original Document Submission: The probate court in Cyprus requires the original Will to proceed with the estate process.
- Witness Affidavits: At least one witness must later provide a sworn affidavit verifying that the Will was properly signed. If witnesses cannot be located, particularly for Wills signed abroad, this may delay proceedings.
- Authentication Requirements: Depending on the country where the Will is executed, it may require notarisation or apostille certification to be recognised in Cyprus.
Where Should You Keep the Original Will?
To ensure probate is not delayed, safe storage of the original Will is essential. There are two common options:
- Secure Delivery to Cyprus: The Will can be sent via a reliable courier service and stored securely in Cyprus, making it readily available when needed.
- Depositing with the Cyprus District Court: The testator can personally deliver the original Will to the Registrar of the District Court in Cyprus for safekeeping.
What Happens After the Testator’s Death?
Upon the passing of the testator, the following steps typically need to be followed in Cyprus:
- Accessing the Original Will: Whether stored with the court or privately, the original must be retrieved promptly.
- Commencing Probate: The Will is filed with the relevant District Court, usually where the property is located.
- Submitting Witness Statements: One of the original witnesses must provide a sworn statement confirming the Will’s proper execution. This step can become more challenging if the Will was signed abroad and the witnesses are difficult to contact.
Is a Cyprus Will Necessary if You Live Abroad?
Yes, it is highly advisable. Non-residents who own property in Cyprus should strongly consider drafting a Will governed by Cyprus law. It provides peace of mind, legal clarity, and a more efficient process for your beneficiaries.
Recommended best practices include:
- Ensuring that the Will complies with Cyprus legal standards, even when executed abroad.
- Sending the original Will to Cyprus for secure safekeeping.
- Selecting witnesses who are likely to be reachable in the future.
- If you travel to Cyprus, consider submitting the Will directly to the District Court Registrar in person.
Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. Individuals should seek professional legal assistance based on their specific circumstances before drafting or executing a Will related to assets in Cyprus.