Forced Heirship Rules in Cyprus and Their Impact on Foreign Buyers
In-depth guide to forced heirship rules in Cyprus. Explains reserved portions, restrictions, foreign buyer implications, case studies, checklists, and FAQs. Cyprus applies forced heirship rules that reserve a portion of an estate for close family members. This limits testamentary freedom for Cypriot citizens but offers some flexibility for foreign nationals under EU Regulation 650/2012.
What is Forced Heirship in Cyprus?
• Legal principle requiring part of the estate to go to spouse, children, or parents.
• Prevents disinheritance of close relatives.
• Applies automatically unless overridden by a foreign law election.
• Reserved portions vary by family structure.
Reserved Portions in Cyprus
• If deceased leaves spouse and children: 75% of estate reserved.
• If spouse or parents but no children: 50% reserved.
• If only parents: 25% reserved.
• Remainder can be freely disposed of by will.
Impact on Foreign Buyers in Cyprus
• Foreign nationals may elect the home country law of their choice.
• Election allows avoidance of forced heirship rules.
• Without an election, habitual residence in Cyprus may trigger local forced heirship.
• Many expats draft Cypriot wills specifying national law to protect freedom of disposition.
Case Study: Foreigner Bound by Forced Heirship
An Italian resident in Cyprus died without a will:
• Estate divided according to Cypriot forced heirship.
• Children inherited reserved portions despite wishes.
Outcome: Lack of planning led to restricted inheritance.
Case Study: Foreigner Avoiding Forced Heirship
A British property owner in Cyprus:
• Draft will elect UK law.
• Entire estate passed to chosen heirs.
Outcome: Successfully avoided Cypriot forced heirship rules.
Checklist for Foreign Buyers in Cyprus
1. Understand Cyprus’s forced heirship rules.
2. Draft a will electing home country law.
3. The register will be in Cyprus for legal certainty.
4. Keep will updated after property purchases.
5. Consult a cross-border inheritance lawyer.
6. Inform heirs of succession plan.
FAQs on Forced Heirship in Cyprus
Q: Can I freely leave my Cyprus property to anyone?
A: Not without a will electing foreign law.
Q: Do forced heirship rules apply to foreigners?
A: Yes, unless an election is made.
Q: What share must children receive?
A: Typically 75% with spouse.
Q: Can a spouse be excluded?
A: No, entitled to the reserved portion.
Q: How to avoid forced heirship?
A: Draft Cypriot will elect your national law.
Final Recommendations
Forced heirship in Cyprus restricts testamentary freedom, but foreign buyers can avoid these rules with proper planning. Drafting a will that elects home country law is essential for controlling estate succession.