Cyprus-Forum.com

[Sami38]

Hi all, i'm new to this chat forum stuff but i need help on the cyprus law, its a long story but i'll cut it short. My grandfather passed away a few months ago and his wife passed away one year before, he has 3 sons, my father and my two uncles. My grandfather has land in cyprus and being a resident of cypus and my father who was also a resident (who which also passed away a few years ago has not left the the land in a will, (I think). my two uncles which arn't residents of cyprus have told me and my brother, who i think should be a part of the next of kin, because of my father who passed away should have a part of the legacy. I have been told we arn't intitled to it because we haven't been residents of cyprus.... HELP ME, IS THIS TRUE...... does anyone know anymore information on this matter.................. I would really be most grateful.

[pumpernickle]

what little knowledge of property law in cyprus i have, i shall thus endow you with...

when a death occurs in the family, and there is no clear will, old cypriot law basically dictates that The Family own the property and land. This means, an equal stake is owned by each individual member. So if there are ten members of the family identified by the lawyers....then each owns 10%.

But nothing can be done with the land, or at least it cannot be sold or developed on and title deeds exchanged or provided....unless there is agreement between ALL parties involved. Someone has to buy out the other remaining contingent parties. Or else the land is locked in dispute.

regarding foreign national rights. BOLLOCKS with a capital B.

apart from anything else, Cyp is in EU now, but even before, foreign residents had ownership rights like locals.

Speak to a cyp solicitor soon as and clarify, and don't let anyone do the dodgy. but remember....nothing can be done without consent and agreement from all parties involved. Legally that is.

[elko]

If the heirs cannot agree amongst themselves than it is only sufficient for one of the heirs to apply to the court for the compulsory sale of the land. This is the case in the Turkish Republic of Northern Cyprus and both sides, north and south, basically use the same laws. However, I heard that the Greek side have streamlined their proceedures and it may be sufficient to have the compulsory sale simply by applying to the Inland Registry Office.
ismet

[Sami38]

Thank you both for the info........... Ive been looking online for so much info and its so hard to find stuff, because my grandfather died in the UK, so he was a resident of UK and Cyprus i cant seem to find out if we can legally get the right on the land? As far as ive been told, as none of my uncles or myself have been residents of cyprus do we still have any right on the land? Going back onto elko's message, if the land is sold who would legally get the money?

[elko]

All the heirs will get it. Whether they live in Cyprus or not has nothing to do with it.
ismet

[TheCabbie]

Thank you both for the info........... Ive been looking online for so much info and its so hard to find stuff, because my grandfather died in the UK, so he was a resident of UK and Cyprus i cant seem to find out if we can legally get the right on the land? As far as ive been told, as none of my uncles or myself have been residents of cyprus do we still have any right on the land? Going back onto elko's message, if the land is sold who would legally get the money?

My ex-wife (an English Cypriot) was conned out of her share of two pieces of land by relatives, they did it by a using a wall of silence to cover what they were doing, we were in the UK and didn't know the law or what was happening, MAKE SURE YOU DON'T WASTE ANY TIME IN GETTING A CYPRIOT LAWYER INVOLVED, AND NOT ONE FROM THE LOCAL VILLAGE!

[Sami38]

Thank you, First thing monday morning i'll be looking into a lawyer.... Do you suggest an cypriot lawyer or an english lawyer ? Another thing is, does anyone know if with my father being passed away, would myself and and brother get anything (money etc...) even though there isn't a will?

[nhowarth]

Hi Sam

> Do you suggest an cypriot lawyer or an english lawyer ?

I suggest you use a Cypriot lawyer. The laws on sucession are different in Cyprus and a British lawyer will not be familiar with them.

> Another thing is, does anyone know if with my father being passed away, would myself and and brother get anything (money etc...) even though there isn't a will?

I believe that you will be entitled to a share of the estate (under Cyprus law, Cypriots cannot disinherit family members even if they want to).

As someone else has said, it makes no difference whether you are resident in Cyprus or not. As a member of the family you will be entitled to an element of the estate. But how much that amounts to depends on various factors including how closely related to the deceased you are and how many other members of the familiy are entitled to a part of the estate.

As there appears to be no will, getting probate will probably take many months.

Regards,

[elko]

Just a quick comment on wills. According to the laws at the establishment of ROC in 1960, a testator cannot give away everything by his will. For example, if he has children, he can give away only a third of his estate. However there was an exception to this law and the British citizens could give away everything. In TRNC, we amended this law in the eightees and all foreigners can give away everything but not the Turkish Cypriots. I wonder if a similar amendment took place in the south?
ismet

[nhowarth]

Hi Ismet,

> I wonder if a similar amendment took place in the south?

I believe it has. However, if a foreigner dies intestate (i.e. without making a will) then their assets held in Cyprus are dealt with in the same way as a Cypriot who dies intestate.

A number of foreigners don't appreciate how important it is for them to make a will covering their Cyprus assets.

Regards,