Probate: under the Law of Succession in Cyprus

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Probate: under the Law of Succession in Cyprus

Probate: under the Law of Succession in Cyprus

Definition: The instrument in writing issued by the court declaring that the will has been duly provedand that the administrations of the deceased’s estate has been granted to a specified executor.(Information sheet No.21 – September 2003)

Foreign Wills/Grants of Probate by foreign Jurisdiction:

Cypriot Probate law derives directly from the English legal system, although it has been slightly altered through the years under the jurisdiction of the Cypriot courts. It is generally accepted that if there is an English will, a Grant of Probate obtained in England can be re-sealed by the probate courts in Cyprus to confirm the status of the personal representatives. They may then deal with the estate assets in Cyprus.

A lawyer in Cyprus can also be appointed under a Power of Attorney to deal with the formalities of dealing with the estate and the resealing process, so that the relevant documentation may be signed in Cyprus. However, recent developments state that, Grants of Probate issued in certain other countries can be registered in Cyprus under relevant international conventions or bilateral agreements.

Recent developments: For deaths after 17 August 2015, the new uniform European Certificate of Succession, which is to be introduced by the EU Succession Regulation, will be recognized without further formalities.

The timeframe in which the grant maybe issued is usually 12 months or more, but this purely depends on a case-to-case basis. Furthermore, it may take longer if a Grant of Probate needs to be issued from another jurisdiction, such as England.

On the grant of probate or administration, the executor (personal representative) takes the place of the deceased for legal purposes and acquires all the deceased’s rights and obligations. He can sue and be sued in all matters concerning the deceased’s estate and his administration of it. Pending the grant of administration, the estate vests temporarily in the court, and for small estates, and the court can make an order for summary administration. In that case, the probate registrar or any other public officer that the court may appoint will act as the administrator.

For more information and guidance get in touch with our lawyers or email iMPK Global Business Law Firm – Cyprus Lawyers, at .Tel. +357 99345000 – Fax +357 25 660097

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