Inheritance Lawyers in Cyprus

Cyprus has no Civil Code; succession is governed by several separate laws. It contains provisions on some of the most important matters related to family relations, including on wills and succession.

The Cyprus Inheritance Law is one of the most important acts providing for the division of an estate upon death, and if you need guidance drafting a will, our lawyers are at your disposal with tailored support.

Below, we invite you to read about the recently amended Wills and Succession Law in Cyprus.

What are the main laws governing inheritances in Cyprus?

Cyprus has a sound legislation regarding inheritance. Succession in Cyprus falls under the following regulations:

• the Wills and Succession Law enacted in 1945,
• the Administration of Estates Law, Cap. 189, which provides the procedures for will executions and administration of estate,
• the Probates or Re-Sealing Law that regulates the procedure of re-sealing letters of administration issued by courts in the Commonwealth in Cypriot courts.

Amendments in the Cyprus Inheritance Law

In 2015, Section 42 of the Wills and Succession Law (which allowed foreigners to dispose of their estate freely) was repealed by Law 96(I)/2015, so the forced heirship rules now also apply to foreigners unless they choose the law of their nationality under EU Regulation 650/2012. Even so, these remain quite complicated due to the fact that part of the estate of a person who died must be divided between surviving family members based on specific rules.

According to the Inheritance Law, succession applies to an estate, while local courts can decide on the succession of real estate property owned by foreign citizens in Cyprus.

There are two ways of dividing an estate:

• based on the last will of the deceased;
• based on intestacy regulations which apply when there is no will.

This is why, it is important for persons to draft wills. Our Cypriot inheritance lawyers are at the service of Cypriot nationals and foreigners who own assets in this country and want to organize the division of their belongings upon their deaths.

We can also help in matters related to marriage in Cyprus. After arriving in Cyprus, you must submit your marriage application in person to the Municipality of your choice’s Marriage Officer in order to get married officially. You must provide the original required papers specified below when submitting your application. Within three months after the date the notification is given, your wedding must take place.

What are the rules of inheritance in Cyprus?

The rules of inheritance apply to all Cypriot citizens and to foreign citizens owning real estate in the country. Moreover, the inheritance rules apply to foreign citizens living in Cyprus and intending to relocate to the country. Many foreign citizens are attracted toward the island due to the fact that there is no estate tax in Cyprus. The Cypriot estate duty was abolished for deaths on or after 1 January 2000.

The principles applied in cases of inheritance depend on the following factors:

• in case the deceased has no spouse and children, the inheritance is distributed to the deceased’s parents, siblings or other relatives,
• in case the deceased has a surviving spouse, the surviving spouse will inherit half of the estate and the other half is devolved to the deceased’s parents or other relatives up to the third degree (if there are no children),
• if the deceased is not married but has children, the succession is divided between them,
• if the deceased has a spouse and children, the estate is divided between them in equal shares.

You can rely on our lawyers for guidance on the Cyprus Inheritance Law.

Drafting wills in Cyprus

Both Cypriot and foreign citizens who own assets in Cyprus are recommended to draft wills in order to have their last wishes fulfilled in respect to the division of the goods they own.

Even if this is not mandatory, it is worth noting that the Inheritance Law is divided into two parts: the first one covers the disposable section (where the assets are divided based on what is written in the will) and the compulsory section (where the assets are divided in accordance with the Wills and Succession Law in Cyprus).

Our inheritance lawyers in Cyprus can help foreign citizens who own assets in Cyprus and abroad and have already drafted will for the goods located outside this country and want to arrange the part of the estate here. It is important for the two wills to contain similar dispositions in order for the heirs to benefit from the testator’s last wish.

Validity of wills

The Cyprus Inheritance Law provides for specific conditions to be met in order for a testament to be valid and taken into account upon the division of assets. These are:

• the will must be signed by the testator him/herself or by another person authorized by him/her;
• at least 2 witnesses must be present when the will is drafted and must sign it;
• if the will has more than one page, each page must be signed by the testator.

Also, the will can be drafted and kept by the testator’s lawyer.

We provide tailored support to persons interested in preparing their wills. Our our inheritance lawyers in Cyprus are at the service of foreign citizens interested in acquiring properties here and making sure they comply with the Wills and Succession Act when it comes to drafting their testaments.

Grounds on which a will can be contested in Cyprus 

In order to contest a will, a person should have a legal basis related to the way in which the inheritance was distributed or the way in which the document was signed.  

As a general rule, a person can contest a testament on the following grounds:

• the legal requirements under which the document was signed are not met;
• the person can prove that the testator did not have a legal capacity to establish a will;
• the person entitled with legal rights to execute a will committed a fraud at the time when the document was signed;
• mistakes that may appear in the document; 
• the proof of the fact that the testator signed the will without his or her consent, as a result of the influence of another person. 

Forced heirship in Cyprus

Where the deceased leaves a will, the Cypriot legislation will limit the inheritance according to the rules of forced heirship. In this case the Cypriot estate will be divided into:

• a disposable section,
• a compulsory section.

The disposable section depends on the surviving relatives which will receive between a quarter and half, or even the entire estate. Even if similar to the disposable section in terms of surviving relatives, the compulsory section refers to the spouse receiving a certain share of the estate, the other parts of the estate being divided between the remaining heirs.

Compulsory division of an estate under the Wills and Succession Law in Cyprus

According to the Inheritance Law, the statutory portion of an estate is divided between close relatives of a deceased persons. These are the spouse and natural children or grandchildren (in case the parents have also died). The division of assets is made under the following rules:

• if the deceased leaves children (or their descendants), 75% of the estate is reserved for the spouse and children in equal shares;
• if the deceased leaves a spouse or a parent but no children, 50% of the estate is reserved for them.

If there are no close relatives, the entire estate will be divided in accordance with the dispositions of the will.

Those who have drafted wills in Cyprus can have between 25% and 50% of their estate divided according to their last wish. Any disposition surpassing these percentages is reduced proportionately to the disposable portion; the will is not invalidated.

The Cyprus Inheritance Law must be carefully considered when preparing a will and our lawyers can offer consultancy in this sense.

Taxation of inheritance in Cyprus

Cyprus does not impose any inheritance tax since 2000, which makes a very appealing destination for foreign citizens to own assets that can be passed on to their heirs. However, transfers of immovable property attract fees payable to the Department of Lands and Surveys, as it follows:

• no fee is due on gifts of property if the transfer is made from parents to children;
• a fee of 0.1% (on 1 January 2013 values) applies to gifts between spouses;
• the same 0.1% fee applies to gifts between relatives up to the third degree.

If you need more information on the Wills and Succession Law in Cyprus, do not hesitate to request the help of our lawyers.

For complete information about the legislation on succession please contact our inheritance lawyers in Cyprus.