07/09/2015
How does the abolishment of section 42 affect my Will?
Until recently, British people who own assets in Cyprus have been able to make a Will which distributes their Cyprus estate according to their wishes and free of the restrictions of the Cypriot system of forced heirship.
However this concession, known as section 42, was removed from Cyprus law on 3rd July 2015 and now everyone who owns assets in Cyprus will be subject to the system of forced heirship.
It is unlikely that this system will suit many couples as it gives children a right to inherit a share of their parents’ estate, even if their parents spouse is still alive. It also makes no provision for a step child to inherit a share of an estate left to their step parent by their natural parent.
For people who are British nationals (hold a United Kingdom Passport) it is expected that a new EU regulation on succession (referred to as Brussels IV) which came into effect on 17th August 2015 will help. Although the United Kingdom opted out of the EU regulation, it allows a citizen (including a non EU citizen) who owns assets in any EU country (except the United Kingdom, Eire and Denmark ) to declare in a ‘testamentary declaration’ whether the law of their nationality or the law of their habitual residence applies to the distribution of their estate.
This declaration can be made in a Codicil and Willpower are providing a template of the Codicil, with instructions on how to complete it, free of charge to all of our clients. Anyone who drew up or amended their Will with Willpower after 1st January 2015 will already have the necessary wording in their Will and therefore won’t need to complete the Codicil. If you are a Willpower client with a Cyprus Will dated before this date and you don’t hear from us within the next couple of months then please contact us.
Contact us too, if you are not a client of Willpower and would like free advice on having a Will drawn-up which complies with the new regulation.
Willpower can draft UK and/or Cyprus Wills and Lasting Powers of Attorney for UK assets. We have been based in the UK for over 20 years and have been providing wills in Cyprus for several years.
We are members of the Institute of Professional Willwriters and abide by a Code of Practice approved by the UK Trading Standards Institute.
For free advice without obligation please contact our Cyprus based consultant Jane Carr on tel. (00357) 99565815. Email :[email protected]. Also see www.willpower.co