Drafting a Cyprus Will for Property in Cyprus While Abroad

Drafting a Cyprus Will for Property in Cyprus While Living Abroad

Owning immovable property in Cyprus as a non-resident is a significant investment, but it also brings with it crucial responsibilities—especially when it comes to succession planning. If you reside abroad but own property in Cyprus, preparing a Cyprus Will governed by Cyprus law is not only recommended, it is essential for protecting your estate and avoiding legal complications.

Why You Need a Cyprus Will for Property in Cyprus

Although a foreign Will may theoretically cover your Cypriot assets, relying solely on that can result in delays, legal uncertainty, and cross-border probate issues. A Will drafted specifically under Cyprus succession law ensures:

• Application of Local Law: Your estate will be administered in line with the Wills and Succession Law, Cap. 195, reducing the risk of legal disputes.

• Faster Probate in Cyprus: A Cyprus-specific Will streamlines probate, making it easier for your beneficiaries to inherit your property.

• Clear Legal Framework: Beneficiaries and executors can rely on a well-structured, locally recognized document for the distribution of your assets in Cyprus.

Legal Requirements for a Valid Will in Cyprus

Under Cyprus law, a valid Will must meet the following criteria:

• The testator must be at least 18 years old and of sound mind.

• The Will must be in writing and signed at the end by the testator.

• It must be witnessed by two adults, who must sign in the presence of the testator.

• The witnesses cannot be beneficiaries under the Will.

Even if the Will is signed outside Cyprus, it can still be valid—provided it complies fully with Cyprus execution requirements.

Can You Sign a Cyprus Will Abroad?

Yes, you can. However, there are practical considerations to keep in mind:

• Original Will Required: If Michalaki, Pitsillidou & Co LLC is appointed as executor, we must receive the original Will to submit it to the Cyprus courts.

• Witness Affidavits: One of the original witnesses must submit a sworn affidavit to confirm the Will was properly signed. If the Will was signed abroad and the witnesses are unavailable, this can delay probate.

• Authentication: Depending on the jurisdiction where the Will was signed, it may require additional authentication or notarisation to be accepted in Cyprus.

Where to Store Your Original Cyprus Will

To avoid unnecessary delays, we recommend one of the following two options:

1. Send the Original Will to Our Law Office
   Couriers can securely deliver your original Will to Michalaki, Pitsillidou & Co LLC for safekeeping. This ensures it is immediately accessible when needed.

2. Deposit the Will with the District Court in Cyprus
   You may choose to deposit your Will directly with the Cyprus Court Registrar, although this must be done in person.

What Happens When the Testator Passes?

When the testator passes away, the following steps must take place:

• Retrieve the Original Will: Whether it’s with our firm or the Court Registrar, quick access is essential.

• Initiate Probate Proceedings: The Will is submitted to the Cyprus District Court where the property is located.

• File Witness Affidavits: At least one witness must confirm the execution of the Will. Lack of accessible witnesses can complicate this step if the Will was signed abroad.

Should You Make a Cyprus Will If You Live Abroad?

Absolutely. Creating a Cyprus Will for foreign residents is the most effective way to secure your estate and ensure your assets in Cyprus are distributed according to your wishes. A few best practices include:

• If you’re unable to visit Cyprus, ensure your Will is executed in full compliance with Cyprus law and courier the original to us.

• If you’re able to visit Cyprus, consider depositing the Will directly with the court.

• Choose witnesses who can be contacted in the future for affidavit purposes.

How Michalaki, Pitsillidou & Co LLC Can Assist You

At Michalaki, Pitsillidou & Co LLC – Cyprus Lawyers & Legal Consultants, we provide comprehensive services to individuals living abroad who wish to prepare a legally valid Cyprus Will:

• Drafting Cyprus Wills that comply with all local legal requirements.

• Advising on correct execution procedures, whether in Cyprus or abroad.

• Offering secure storage of your original Will at our office.

• Acting as executors to expedite the probate process in Cyprus.

For clear, practical advice tailored to your situation, feel free to reach out to our office, contact us.

The information provided by Michalaki, Pitsillidou & Co LLC is intended solely for general informational purposes and should not be construed as professional or official legal advice. It is recommended that you do not take or refrain from taking any action based on the above information without first seeking legal or other professional guidance.