Making a Will in Cyprus: Procedures and Legal Requirements
Complete guide to making a will in Cyprus. Covers legal framework, formalities, Brussels IV, case studies, checklists, and FAQs. Wills in Cyprus are governed by the Wills and Succession Law, Cap. 195. Foreign and Cypriot property owners alike must comply with these rules to ensure their estate is distributed according to their wishes.
Who Can Make a Will?
• Any person over 18 years old.
• Must be of sound mind.
• Foreign nationals owning property in Cyprus can make a Cypriot will.
• Testamentary freedom is limited by forced heirship unless foreign law is elected.
Formalities of a Valid Will
• Must be in writing.
• Signed by testator in the presence of at least two witnesses.
• Witnesses must also sign in the presence of the testator.
• Witnesses cannot be beneficiaries.
• Will should be dated and clear in instructions.
Interaction with EU Regulation 650/2012
• Foreign nationals may elect national law to govern succession.
• Election must be stated explicitly in the will.
• Provides flexibility for expatriates living in Cyprus.
• Avoids unintended application of forced heirship rules.
Registration of Wills
• Wills may be deposited with the District Court for safekeeping.
• Not mandatory, but provides legal certainty.
• A lawyer or notary can assist with drafting and filing.
Case Study: Properly Executed Will
A British retiree in Paphos:
• Drafted Cypriot will elect UK law.
• Will signed before two independent witnesses.
• Registered with the District Court.
• Outcome: Estate passed smoothly to chosen heirs.
Case Study: Invalid Will
A foreign buyer in Limassol:
• Drafted handwritten will without witnesses.
• Will challenged in court and declared invalid.
• Intestacy rules applied, dividing the estate among the family.
• Outcome: Wishes disregarded due to formal errors.
Checklist for Drafting a Valid Will
1. Confirm eligibility (age, sound mind).
2. Draft will be in writing with clear terms.
3. Sign will before two independent witnesses.
4. Ensure witnesses are not beneficiaries.
5. Date and register will be for security.
6. State election of foreign law if applicable.
7. Review regularly, especially after new purchases.
FAQs on Wills in Cyprus
Q: Do I need a will if I own property in Cyprus?
A: Strongly recommended.
Q: Can I write a will in my own language?
A: Yes, but translation may be needed in probate.
Q: Do wills need to be registered?
A: No, but advisable.
Q: Can I exclude spouse or children?
A: Not without electing foreign law.
Q: Can I have two wills, one in Cyprus and one abroad?
A: Yes, but they must not conflict.
Final Recommendations
Drafting a valid will in Cyprus ensures smooth estate succession and avoids legal disputes. Foreign buyers should elect their home country’s law if they wish to avoid forced heirship rules.