Creating a Will in Cyprus

Overview of Wills in Cyprus

Creating a valid will is one of the most important legal steps you can take to protect your family and ensure that your assets in Cyprus are distributed according to your wishes. Without a will, the rules of intestate succession under the Wills and Succession Law, Cap. 195, determine how your estate is divided, and the result may not align with your intentions. A properly drafted Cyprus will is particularly important for foreign nationals who own property, bank accounts, or other assets in Cyprus, as cross-border succession can introduce significant complexity and delay.

At Philippou Law Firm, we advise individuals and families on will preparation, ensuring full compliance with Cyprus succession law while maximising the testator's freedom to distribute their estate within the bounds permitted by the forced heirship regime.

Why You Need a Cyprus Will

Even if you already have a will in your home country, a separate Cyprus will for your Cyprus-situated assets is strongly recommended. The key reasons include:

• Speed of administration: A local Cyprus will can be admitted to probate quickly by the Cyprus courts, without the delays associated with having a foreign will recognised, translated, and apostilled
• Avoiding conflicts: A separate Cyprus will ring-fences your Cyprus assets and prevents potential conflicts between the succession laws of different jurisdictions
• Forced heirship compliance: Cyprus law imposes mandatory shares for the spouse and children. A Cyprus lawyer can ensure your will complies with these rules and minimises the risk of challenge
• Probate simplification: The executor named in a Cyprus will can apply directly to the Cyprus District Court for a grant of probate, rather than going through the complex process of having a foreign grant recognised

How a Valid Will Is Made in Cyprus

Cyprus does not follow the civil law model of notarial, holographic, or secret wills. Under the Wills and Succession Law, Cap. 195, a will is valid when it meets the following formal requirements:

1. In Writing

The will must be in writing. It can be prepared by a lawyer or by the testator, in any language, and there is no requirement for a notary to be involved.

2. Signed by the Testator

The testator must sign the will at the foot or end of the document. If the testator is unable to sign, another person may sign on their behalf, in the testator's presence and at their direction.

3. Witnessed by Two Witnesses

The testator must make or acknowledge the signature in the presence of at least two witnesses present at the same time. Each witness must then sign the will in the presence of the testator. A witness (or the spouse of a witness) must not be a beneficiary, otherwise the gift to that person is void, although the will itself remains valid. A will that meets these requirements is usually deposited with the Probate Registry of the District Court for safekeeping.

Forced Heirship Rules in Cyprus

One of the most important aspects of Cyprus succession law is the forced heirship regime under Cap. 195. A testator cannot freely dispose of their entire estate. The law divides the estate into two portions:

The Statutory Portion (75%)

Up to 75% of the estate is reserved for the testator's closest family members. The exact distribution depends on who survives the testator:

• Spouse and children surviving: The reserved three quarters is shared between the spouse and the children, with the spouse taking a share equal to that of each child. The split therefore varies with the number of children (for example, with one child the spouse and child each take 37.5%, while with two children the spouse takes 25% and the children share 50%)
• Spouse only (no children): The spouse is entitled to at least 50% of the estate
• Children only (no spouse): The children share at least 75% of the estate equally
• No spouse and no children: The testator may dispose of the entire estate freely

The Disposable Portion (25%)

The remaining 25% (or more, depending on surviving family) is the disposable portion, which the testator may leave to anyone, including a charity, a friend, or one child over others. This is the only part of the estate over which the testator has complete freedom.

Scope of Forced Heirship

The forced heirship rules apply to:

• All movable property worldwide (bank accounts, shares, vehicles, personal effects) if the deceased was domiciled in Cyprus at the time of death
• All immovable property situated in Cyprus, regardless of the deceased's domicile or nationality

This means that even non-Cypriot nationals who own property in Cyprus are subject to the forced heirship rules in respect of that property. Careful planning is essential to navigate these restrictions.

Validity Requirements

For a will to be valid under Cyprus law, the following conditions must be met:

• The testator must be at least 18 years of age
• The testator must have testamentary capacity, they must understand the nature of making a will, the extent of their property, and the claims of those who might expect to benefit
• The will must be made voluntarily, without duress, undue influence, or fraud
• The will must be in writing, signed by the testator at the end, and witnessed by at least two witnesses who are present at the same time and who then sign in the testator's presence
• Witnesses must not be beneficiaries under the will (a gift to a witness is void, though the will itself remains valid)

Revoking or Amending a Will

A will in Cyprus may be revoked or amended at any time during the testator's lifetime by:

• Executing a new will that expressly revokes all previous wills
• Executing a codicil, a supplementary document that amends specific provisions of an existing will
• Physically destroying the will with the intention of revoking it

Marriage does not automatically revoke a will in Cyprus, unlike some other jurisdictions. However, it is strongly advisable to review and update your will after any major life event, including marriage, divorce, the birth of a child, or the acquisition of significant new assets.

Foreign Wills and Cross-Border Succession

A will made in a foreign country can be valid in Cyprus if it complies with the formal requirements of the law of the place where it was executed, or the law of the testator's nationality or domicile at the time of execution. However, relying on a foreign will for Cyprus assets introduces delays: the foreign will must be translated, apostilled, and the foreign probate grant must be recognised by the Cyprus courts under the Probate and Administration of Estates Law, Cap. 189. A separate Cyprus will avoids these complications entirely.

Our Will Drafting Services

Philippou Law Firm provides a comprehensive will drafting service for both Cypriot and foreign nationals with assets in Cyprus. Our services include:

• Advising on the forced heirship rules and how they affect your estate plan
• Drafting wills in full compliance with Cap. 195 requirements
• Coordinating your Cyprus will with wills in other jurisdictions to avoid conflicts
• Advising on the appointment of executors and guardians
• Preparing codicils to amend existing wills
• Safe storage and registration of your will

Contact us today for a confidential consultation regarding your will in Cyprus.