If you live in the TRNC and / or own property here it is highly recommended that you execute a Will of Testament in the TRNC. If you have an existing Will in another country, there is a risk that your existing Will may not be recognised or accepted within the TRNC.
Inheritance laws in the TRNC are different from many other countries and if you do not have a Will or only have a Will in your own country your assets will not be distributed according to your wishes. Chapter 195 ‘Wills & Succession’ allows a United Kingdom Citizen complete freedom to allocate his/her movable (personal possessions or money) or immovable property (house/land) by Will. This Law also provide for Other Foreign nationals the right to distribute of their movable property as they wish, however their immovable property will need to be distributed according to our current laws and legislations.
Cypriot laws on immovable property are outlined within Chapter 224 and has strong influence from Ottoman Land Law. In Cypriot law there is a distinction between the ‘Statuatory portion’ and ‘disposable portion’ of one’s estate. The law sets out detailed rules that limit one’s freedom to dispose of his/her property as desired. TRNC nationals and other foreigners (including EU Nationals) are not permitted complete freedom to dispose of their entire estate as they choose.
If there is no Will or the last Will is not recognized, because it was either created abroad or it was created in the TRNC but contains formal mistakes or is incomplete, the Probate process can take several years and may be very costly for any heirs. If there is a valid Will according to the local laws, lodged at the District Court and the Probate will proceed relatively quickly.
If a person dies intestate (i.e. without leaving a Will) their assets will be distributed in accordance with TRNC Inheritance rules i.e.
Where a person dies leaving a wife or husband, such wife or husband shall, after the debts and liabilities of the estate have been discharged, usually be entitled to a share in the statutory portion, and in the undisposed portion if any, as follows, that is to say-
- If the deceased has left besides such wife or husband:
Any child or descendant (grandchildren) thereof, such share shall be the one-sixth of the statutory portion and of the undisposed portion, but if there be more children than five (whether they be living or represented by descendants) then it shall be a share equal to the share of one of such children: - No child nor descendant thereof, but any ancestor or descendant thereof within the third degree of kindred to the deceased, such share shall be the one-half of the statutory portion and of the undisposed portion:
- No child nor descendant thereof, nor any ancestor or descendant thereof within the third degree of kindred to the deceased, but any ancestor or descendant thereof of the forth degree of kindred to the deceased, such share shall be the three-fourths of the statutory portion and of the undisposed portion:
- No child nor descendant thereof nor any ancestor or descendant thereof within the fourth degree of kindred to the deceased, such share shall be the whole statutory portion and the whole undisposed portion.
C & A Law Firm provides legal consultancy services to its clients, who wants to leave a will in TRNC within the scope of the Wills and Inheritance Law. Our team of experts prepare wills that reflect the wishes of our clients according to the legislations and regulations, and register wills in the relevant District Registrar’s Office. With the wills prepared by our firm, our clients’ investments in Cyprus are guaranteed and the distribution of their assets is drawn up within the framework of their wishes.
