Preparing a Cyprus Will for Property in Cyprus While Residing Abroad

Owning immovable property in Cyprus as a non-resident entails careful estate planning to ensure your assets are managed and distributed according to your wishes. If you reside abroad but hold property in Cyprus, it is highly recommended to draft a Will specifically governed by Cyprus law. Below, we outline the primary considerations, legal requirements, and potential challenges involved in creating and executing a Cyprus Will from abroad.

Importance of a Cyprus Will for Non-Residents

While it is theoretically possible for a foreign Will to cover assets in Cyprus, this approach often leads to delays, additional legal complexities, and potential conflicts of laws. A Cyprus-specific Will provides clear advantages:

  • Avoiding Legal Conflicts
    Ensures local succession laws (Wills and Succession Law, Cap. 195) are applied correctly, minimising cross-border issues.
  • Streamlined Probate Process
    Facilitates faster and more efficient administration of the estate in Cyprus.
  • Certainty and Clarity
    Beneficiaries and executors have a dedicated, legally recognised document dealing solely with Cyprus-based assets.

Legal Requirements for a Valid Cyprus Will

Under the Wills and Succession Law (Cap. 195), a Cyprus Will must meet the following criteria:

  1. The testator (the person making the Will) must be at least 18 years old and of sound mind.
  2. The Will must be in writing.
  3. The testator must sign at the end of the document.
  4. The signature must occur in the presence of at least two adult witnesses, who must also sign the Will in the presence of the testator.
  5. The witnesses must not be beneficiaries under the Will.

A Will signed outside Cyprus is not automatically invalid, but it must strictly follow Cyprus’ execution requirements. Additionally, certain practical challenges (e.g., locating witnesses) may arise during probate if the Will was signed abroad.

Signing a Cyprus Will Abroad

A Cyprus Will can be signed abroad, provided it meets all legal formalities under Cyprus law. However, practical considerations include:

  • Access to the Original Will
    If we at Chambers & Co are appointed as executors, we require the original Will to submit it to the Cyprus court. Delays may occur if the original remains abroad.
  • Witness Affidavits
    Upon probate, at least one witness must provide a sworn affidavit confirming the Will’s proper execution. If the Will was signed abroad and the witnesses are unknown or unavailable, obtaining these affidavits can be difficult.
  • Authentication Requirements
    In certain cases, additional verification—such as notarisation—may be required to confirm the validity of a Will executed abroad.

Storing the Original Cyprus Will: Two Options

To minimise risks and potential delays, we recommend two options for safekeeping the original Cyprus Will:

  1. Forwarding the Will to Our Office for Safekeeping
    Couriering the original, signed Will to our office in Cyprus ensures it is readily accessible when probate is needed.
  2. Depositing the Will with the Court Registrar
    The testator may deposit the original Will with the District Court Registrar in Cyprus. However, this requires the testator’s personal attendance at the Court.

Executing the Will upon the Testator’s Passing

Upon the testator’s passing, the appointed executor must:

  1. Obtain the Original Will
    If kept at our office or deposited with the Court Registrar, this step is straightforward. If the Will is stored abroad, retrieving it can cause delays.
  2. Submit the Will to the Cyprus Court
    Probate proceedings are initiated in the District Court where the immovable property is located.
  3. Provide a Witness Affidavit
    At least one of the original witnesses must swear an affidavit confirming the Will’s proper execution. If the Will was signed abroad and the witnesses cannot be located, this may impede probate.

Should You Make a Cyprus Will While Living Abroad?

Despite the practical challenges, preparing a Cyprus Will remains the best method to ensure the seamless administration of your Cyprus estate. Careful planning is essential, particularly concerning the storage of the original Will and the future availability of witness affidavits.

Recommendations:

  • If you cannot travel to Cyprus, ensure the Will is correctly executed in line with Cyprus law and courier the original to our office for safekeeping.
  • If you can travel to Cyprus, consider depositing the Will with the Court Registrar for added security.
  • If signing the Will abroad, use witnesses who can be easily contacted in future.

How We Can Help

At Chambers & Co, we provide tailored legal services to clients residing abroad who wish to prepare a Cyprus Will, including:

  • Drafting a Will that is fully compliant with Cyprus law.
  • Advising on the correct execution procedures to ensure validity.
  • Arranging secure storage of the original Will.
  • Acting as executors to expedite the probate process.

For personalised advice or to begin drafting a Cyprus Will while living abroad, please contact us at your earliest convenience. We remain at your service to address any concerns and guide you through each step of this important process.