General,

Many of the provisions of Cyprus’s succession law are English, but some concepts like the one of forced heirship is associated with civil law and Islamic countries and recognises the rights of widows and close relatives.

The most important enactments related with succession law are the Wills and Succession Law (Cap 195) and the Administration of Estates Law (Cap 189).  These laws apply to anyone who dies, having his/her domicile in Cyprus.

Domicile,

Broadly speaking every person has a ‘domicile of birth’ and this domicile can be changed to a ‘domicile of choice’.  In order to make Cyprus a ‘domicile of choice’ a person has to prove that s/he is permanently resident in Cyprus and has the intention to remain in Cyprus until his/her death.  There is a complicated system to determine “domicile” according to Cyprus law and expert advice should be sought before taking any steps to change domicile.

The concept of forced heirship,

The Cyprus Laws do not allow testators to dispose freely of their property and assets by will.  A substantial part is reserved for close relatives, and this part is called the ‘statutory portion’.  This portion is determined according to the closeness of the surviving relatives.  For example, if an individual dies leaving a living child or a descendant of a child, the statutory portion amounts to three quarters of the net value of the estate.  As a consequence, only one quarter is left for the testator to dispose of as s/he wishes by will.

A will that purports to dispose of more than the ‘disposable portion’ is not invalid but the portion will be reduced proportionally so as to be limited to the disposable portion. 

These forced heirship provisions require careful consideration and appropriate action ahead of death to avoid any undesired results.  One way of doing so is by establishing a Cyprus International Trust, which will not be affected by the succession and inheritance laws of Cyprus.  This kind of Trusts also have other advantages such as tax exemptions.

Types of Wills,

There are several formalities in making a Cyprus Will and attention should be paid as the Laws are very strict in the adherence of these formalities.  Any divergence from the rules, however insignificant, can be fatal for the validity of the will.  The formalities of a will in Cyprus are different to the formalities of the UK.