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FREQUENTLY ASKED QUESTIONS
The following section includes Frequently Asked Questions on several areas of Law.
To access your area of interest please click on one of the links below.
Whilst this page will be updated regularly, please feel free to 'Contact Us' with your question. Alternatively, we offer a free, no obligation initial consultation.
| Wills & Probate |
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Q: IF YOU LIVE IN CYPRUS DO YOU NEED A SEPARATE WILL FOR YOUR CYPRUS ASSETS?
It is advisable to have a separate Will which deals with your assets held in Cyprus. If you rely on the provisions of your UK Will to deal with your Cyprus assets this will cause delays for you Executors in administering you estate. This is because the Grant of Representation issued from the Court in the UK has to be re-sealed in Cyprus. It may be that your assets in the UK do not warrant the obtaining of a UK Grant of Representation and therefore unnecessary costs would be incurred. If you have a UK Will do not rely on this Will to deal with your Cyprus property without having sought expert legal advice from Lawyers practising in Cyprus and who are also experienced in dealing with Wills in both Cyprus and the UK. Any additional expense at this stage may save substantially more later.
Q. BUT, IF YOU OWN PROPERTY IN CYPRUS IN THE JOINT NAMES OF YOUR SPOUSE OR PARTNER THEN SURELY THE PROPERTY AUTOMATICALLY PASSES TO THE SURVIVING SPOUSE OR PARTNER ON DEATH?
Most people from the UK assume that as the property is held in joint names then on the death of one party the property passes automatically to the joint owner. In the UK, unless a contrary intention is shown, this is the case. However, it is not the same in Cyprus. The share of the property owned by the deceased does not pass automatically to the surviving joint owner. The estate of the deceased has to be administered and the property passes in accordance with the terms of their Will or local intestacy provisions. It is most important to make a Will to cover the distribution of any property owned in Cyprus if you wish to avoid the complications which would inevitably arise from the conflict of two different legal systems and the risk of the estate being divided under local rules.
Q: CAN YOU HAVE TWO VALID WILLS; ONE FOR CYPRUS ASSETS AND ONE FOR YOUR UK ASSETS?
Yes, but it is most important that if one of these Wills is made at a later date it does not unintentionally revoke the first Will. Great care has to be taken in the review and wording of the two Wills.
Q: IS IT TRUE THAT UNDER CYPRUS LAW YOU CANNOT LEAVE YOUR ESTATE TO PERSONS OF YOUR CHOICE?
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Under English law you have the freedom to leave your estate to whomever you wish. However, many legal systems, including Cyprus have forced heirship rules. For example, if a person dies leaving a spouse and a child then 3/4s of the estate passes to the spouse and child in equal shares and the testator (the person making the Will) has the freedom to dispose of the remaining one-quarter share as he or she so wishes.
However, currently under Cyprus law, there is a concession for persons who/or whose fathers were born in the UK or in a country which is a member of the Commonwealth. Such persons are, provided they have a Will, allowed to leave their Cyprus assets to whom they wish on their death.
Q; I HAVE BEEN TOLD THAT IF YOU MAKE A CYPRUS WILL THEN YOU HAVE TO APPOINT A LAWYER IN CYPRUS TO ACT AS YOUR EXECUTOR.
There is no legal requirement to appoint a Cyprus lawyer as your Executor. You may choose to do so because it would be more practical if family live overseas.
Q. I live with my common law husband. When I die will he inherit my house?
If you are not married to your partner and you don't leave a Will, your partner is not entitled to inherit any of your estate. The terms "common law husband" and "common law wife" are legally meaningless. You need to make sure your partner is provided for by making your intentions known in your Will.
Q. Can an executor be a beneficiary of my will?
A. Yes. You can choose up to four executors but most people have two. It helps to choose at least one person who is financially experienced, and it's sensible to choose people who you would expect to outlive you.
Q. My finance and I are planning to get married next month. We have lived together for 12 years and have Wills that leave everything to each other. We have been told our Wills will not be valid after we marry. Is this right?
A. A subsequent marriage will automatically revoke your existing Will unless you made the Will in contemplation of such marriage to your particular partner and this is stated in the Will. If you do not make a new Will after your marriage you will die intestate and your estate will be distributed in accordance with statutory provisions. In general, you should review your Will on a regular basis. We suggest every three to four years to take into account any changes in your circumstances. It is imperative to review your Will when:
- you get married, separated or divorced
- you have children
- you move house
- one of your executors dies or wishes to stop being an executor
If you need to make major changes to your Will, it is best to have a new one drawn up. If there are only minor changes you wish to make, this can be done by adding a codicil. You should never make alterations to your existing Will yourself by crossing out sections or adding words. This will invalidate your Will.
You do not need to change your Will if any of your beneficiaries or executors changes name or address. However, you should let your solicitor know of any changes to address or names so they can update their records.
| Family Law |
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Q. Can I apply to the Court at any time for a divorce?
A. This depends on whether you were married by civil or by religious marriage. If it is the former, then you can apply directly at any time to the Courts to obtain a divorce. If however you were married by religious marriage then a different procedure should be followed. Before you can apply for a divorce, your lawyer must first send a notification to the competent church bishop, stating your intention to apply for a divorce. Proof of posting or receipt of the registered letter notifying the bishop must be submitted to the Registrar of the Family Court. After the lapse of three months from the date the competent bishop has received this notification, you can apply to the Courts to obtain a divorce.
Q. I am English and was married in England. As I now live in Cyprus can I apply to the Court in Cyprus for a divorce?
A. The Cypriot Family Courts do not have jurisdiction to handle the dissolution of a marriage if you have not been living in Cyprus for at least three months. Therefore, if you have been living in Cyprus for any period beyond three months, the Cypriot family law will apply, and an application for a divorce can be filed with the relevant Cypriot Family Court.
The application for a divorce in Cyprus comprises only of an application to dissolve your marriage. The divorce proceedings and the divorce itself do not have any consequences for property disputes. A different application must be made to settle such disputes. Moreover, a divorce does not automatically entail an obligation to pay maintenance to the other spouse and therefore here too, a separate application must be made.
Q. What are the grounds for obtaining a divorce under Cypriot law.
A. There are a number of reasons which may lead the Cypriot Courts to find that an application for a divorce is justifiable. Some of the reasons are
- Immoral, disgraceful or other repeated unpardonable behaviour leading to complete breakdown of the relationship and rendering the relationship intolerable to the applicant.
- Infidelity
- Domestic violence
- Spouse declared missing or dead.
- Insanity
- Inability to have sexual intercourse existing when the marriage was contracted and continuing for six months and at the time the divorce application is made;
- Inexcusable desertion for two years or long periods of absence adding up to more than two years with an invitation to return addressed to the respondent.
- Serious breakdown of the relationship in general.
- Separation for five years or more.
The above is not a conclusive list, and each case is and should be viewed on its own facts. If you would like to know whether there are grounds for a divorce, it is first advisable that you obtain a solicitor’s opinion on the issue.
Q. My husband and I have decided that we would like to apply for a divorce in the Cypriot Courts. Can the Court here issue an order to include the distribution of a house we jointly own in the UK?
The Cypriot Courts do not have jurisdiction to deal with matters which concern immovable property abroad. The exceptions to the principle of territoriality on immovable property abroad which exist according to the English private international law are not applicable in Cyprus. This in practice means that if the Cypriot court were to settle your property disputes, it could not make any provision in relation to your house in London. That issue should be settled by solicitors in England.
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