Owning immovable property in Cyprus as a non-resident is a valuable investment, but it also requires careful succession planning. For individuals residing abroad, preparing a Will governed by Cyprus law is essential to ensure that their estate is protected and distributed according to their wishes, without unnecessary legal complications.
Drafting a Cyprus Will for Property in Cyprus While Living Abroad
Why a Cyprus-Specific Will Is Necessary
While a foreign Will may technically extend to assets in Cyprus, relying solely on it can lead to delays, legal ambiguities, and cross-border probate challenges. A Will specifically drafted under Cyprus law offers several advantages:
- Application of Local Law: Ensures your estate is managed in accordance with the Wills and Succession Law, Cap. 195, reducing the potential for legal disputes.
- Simplified Probate Process: A locally drafted Will can significantly expedite the probate process in Cyprus, making it easier for heirs to inherit the property.
- Clarity for Executors and Beneficiaries: A properly structured Will in compliance with Cypriot legal standards helps eliminate confusion and ensures a smoother administration of the estate.
Legal Requirements for a Valid Will in Cyprus
To be legally valid under Cypriot law, a Will must meet the following criteria:
- The testator must be at least 18 years old and of sound mind.
- The Will must be in writing and signed at the end by the testator.
- It must be witnessed by two adults, who sign in the presence of the testator.
- Witnesses cannot be beneficiaries under the Will.
Wills signed outside Cyprus can still be valid, provided they meet these execution requirements under Cyprus law.
Signing a Cyprus Will While Abroad
It is entirely possible to sign a Cyprus Will while living overseas. However, several practical considerations must be taken into account:
- Original Document Required: The original Will is needed for submission to the Cyprus courts during probate.
- Witness Affidavit: At least one of the original witnesses must provide a sworn affidavit confirming proper execution. If the Will is signed abroad and witnesses cannot be located, this may delay probate.
- Authentication: Depending on the country where the Will is signed, additional authentication or notarisation may be necessary for it to be accepted by Cypriot courts.
Storing Your Original Cyprus Will
To avoid complications and delays, it is advisable to store the original Will securely. Two main options are available:
- Send the Original to Cyprus for Safekeeping: The Will can be couriered securely and stored in a safe location to ensure quick access when needed.
- Deposit the Will with the District Court in Cyprus: The original Will can also be deposited with the Registrar of the District Court. This must be done in person by the testator.
Should You Draft a Cyprus Will if You Live Abroad?
Yes. Preparing a Cyprus-specific Will is highly recommended for any non-resident who owns property in Cyprus. It ensures your estate is managed according to your intentions and simplifies the legal process for your beneficiaries.
Best practices include:
- Ensuring the Will is fully compliant with Cyprus law, even if signed abroad.
- Couriering the original to a secure location in Cyprus for safekeeping.
- Choosing witnesses who are likely to be reachable in the future for affidavit purposes.
- If visiting Cyprus, consider depositing the original directly with the District Court Registrar.
What Happens After the Testator Passes Away?
Upon the testator’s death, the following steps are typically required to begin probate in Cyprus:
- Locate and Retrieve the Original Will: Whether stored privately or with the District Court, quick access to the original is crucial.
- Initiate Probate Proceedings: The Will must be submitted to the appropriate District Court where the property is located.
- File Witness Affidavits: One of the witnesses must confirm the Will’s execution through a sworn affidavit. If the Will was signed abroad and witnesses are not easily reachable, this step may become more complex.
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