Wills, Trusts and Probate in Cyprus FAQ

Frequently asked questions on Wills, Trusts and Probate in Cyprus

What do we mean by estate planning?

Estate planning refers to the preparations for the transfer of assets of someone upon his or her death.

What is a Will?

A Will is the legal declaration in writing of the intentions of a person in respect of the disposal of their movable or immovable property after their death, and this includes a codicil.

Do I need a will in Cyprus?

A will enables you to plan what will happen to your assets following your passing away. Subject to any forced heirship rules that may apply on a will having Cyprus law, a will ensures that those you would like to benefit, actually do so.

What are the requirements for a valid Will in Cyprus?

In order to make a valid Will, a person must be of sound mind and be at least 18 years old. A valid Will must have two adults (of sound mind) as witnesses. The Executor of the Will and the beneficiaries mentioned in the Will cannot sign as witnesses.

Do I need a lawyer to make a will in Cyprus? Can I do it on my own?

You can prepare your own will, considering that you are of ‘sound mind’, above 18 years old, and know what the requirements may be for a valid will. However, it is highly recommended that you prepare your will with your lawyer.

Can a will be revoked?

Yes, a will can be revoked at any point, provided you are of ‘sound mind’. The most common way to revoke a will is to execute a new one that states an intent to revoke all previously made wills.

Can a beneficiary in a will also be a witness to the same?

No, a beneficiary in a will cannot be a witness to it.

Can a beneficiary in a will be also the executor of the Estate?

Yes, you can be a beneficiary and the executor of the will.

Do I need a trust?

Any assets that are settled on trust will not be part of the deceased’s estate. This means that your affairs will be placed in order before your demise, as domestic forced heirship rules will not apply. Setting assets in a trust can be cheaper, while using a trust you can provide for your needs at a point when you might not be able to take care of yourself.

What do we mean by the administration of an estate and probate in Cyprus?

‘Administration of Estates’ refers to the Court process taking place to facilitate the dealing of assets of a deceased who did not leave a will behind. If the deceased had left behind a valid Will, then his assets should be dealt with in accordance with his wishes, and this process is commonly known as “Probate”.

How long does the administration of the estate/probate process take in Cyprus?

A definitive answer cannot be provided, as the timeline depends on each specific case. We typically complete straightforward probate and estate administration procedures within 6 to 12 months, which is among the fastest in Cyprus. Generally, it is easier and quicker to manage the estate of a person who has left a valid will. The main delays in concluding the probate or administration process in Cyprus often arise from local and foreign tax offices, such as HMRC.

I am an English expatriate with assets in Cyprus and in England. Which law applies?

If you are domiciled in Cyprus, then Cyprus law applies to your movable property worldwide and all your immovable property in Cyprus. As a general rule, if you are domiciled in any third country, then Cyprus law applies only to immovable property in Cyprus, and the law of that third country applies to your immovable property there and to your movable property worldwide.

So, how do I know if I am domiciled in Cyprus or not?

Domicile may be a complicated matter. In brief, every person has a domicile that he or she gets at birth, referred to as Domicile of Origin. A person can change his or her domicile and obtain a Domicile by Choice. To change domicile to Cyprus, a person must have a residence in Cyprus and must have the intention to reside in Cyprus permanently.

Is there any inheritance tax or estate duty in Cyprus?

No, there is no inheritance tax or estate duty in Cyprus. It has been abolished since the 1st of January 2000.

Does Cyprus have forced heirship rules? What are they?

Yes. Cyprus has forced heirship rules, which previously applied only to Cypriots. In 2015, the law changed and the forced heirship rules now apply to people from the United Kingdom as well. This means that people can only leave by their will a specified portion of their assets (estate).

The Cyprus forced heirship rules are the following:

• Should the person have a spouse and children, children and grandchildren, spouse and grandchildren then only ¼ of their estate can be left elsewhere.
• Should they have a spouse, father or mother but no children or grandchildren, then they can leave ½ of their estate elsewhere.
• Should they not have a spouse, children or grandchildren, nor father or mother, then they can leave all of their estate at their absolute choice.

How expensive is the administration of estates and probate procedure in Cyprus?

People can appoint anyone to be the administrator/executor of their estate. If such a person is not a lawyer, then he or she will probably need guidance, advice, and legal documents from lawyers, which tends to make the process more expensive than appointing a lawyer to be the administrator/executor.