Wills in TRNC

donegal



Joined: 23/04/2008
Posts: 48

Message Posted:
13/06/2008 10:31

Do you need to use a laywer for this or can you register it yourself??

Hot Hornet


Joined: 03/06/2008
Posts: 343

Message Posted:
13/06/2008 11:45

he donegal

believe you do need a lawyer, as they will advise on what the basic requirements are. however you are the one that then needs to go to court to lodge it, and it would need to be in Turkish obviously.

maybe you don't need one, but not sure how you would get advice from anyone but a lawyer

sorry not very helful! anyone else?

orangekazzie



Joined: 31/07/2007
Posts: 1091

Message Posted:
13/06/2008 11:58

Hi Donegal

If you have property in Cyprus then it is very important to have a Will. You need to use a Lawyer/Notary as it needs to be drawn up correctly otherwise if you die intestate then your property/belongings automatically go to the Government. Any Will you have in the UK is not recognised in TRNC.

Karen

breezyboy


Joined: 14/05/2007
Posts: 1179

Message Posted:
13/06/2008 11:58

I was told that TRNC doesnt recognise UK will and vice versa. So for £100 including taking me to court and arranging everything I though it was good peace of mind. Although the lady at court clearly understands English she insisted on everything being said in Turkish.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
13/06/2008 12:39

I am afraid there is too much misinformation on this thread.

1. Anyone can draw up a will legally if you know what you are doing. However a clear expression of your wishes may not be enough, it has to adhere to certain rules, hence if you do not know how to do it, get it done by a professional.



2. Wills do not have to be registered in court but it is much better if ytou do so.



3. Wills can be in any language but you may have difficulties proving its contents when the time comes and it may be unnecessarily costly. My advise is to stick to Turkish or English.



4. Wills made anywhere in the worl is valid as long as it is in conformity with our laws and as long as you can prove its contents successfully if challenged in court. Hence it is advisable to ahve wills wrt property in Cyprus prepared in Cyprus.



5. If you die without a will, your estate does not go to the government automatically. Your heirs can claim it "in accordance with TRNC Law" i.e. remaining spouse gets only one sixth and the child or children gets five sixth.



6. If you are British you can dispense with your property as you wish in your will. If you are a Cypriot with a child or children, you can give away only the "disposable" part which is one third of your estate. If you are a foreigner but not British, you are subject to the same law as the Cypriots but you can dispose all your movables with your will.



Anything else?



ismet



PS:

Please do not buy property in TRNC until the Specific Performance law is amended, otherwise you cannot sue for the title deeds.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
13/06/2008 12:42

If I may add:

7. There are only Certifying Officers in Cyprus who are empowered to authorize your signature. Most of them masquarade as Noters with varying degrees of knowledge in legal matters. So have no clue at all.



ismet

PS:



Please do not buy property in TRNC until the Specific Performance law is amended, otherwise you cannot sue for the title deeds.

lovelife


Joined: 07/07/2007
Posts: 231

Message Posted:
13/06/2008 19:44

Donegal



We did our wills when we were out in May, it is drawn up in English and our solicitor/advocate took us to the courts to register them, you have to take your passport and sign the envelope with your will inside it. It is then sealed with the old fashioned sealing wax and an official stamp, our wills only reflect our assets in the TRNC.

It cost us £200 for the 2 wills which was cheaper than our advocate (who we have for our house purchase) quoted.



Regards

LL

Notsoboredhw


Joined: 15/03/2007
Posts: 1254

Message Posted:
13/06/2008 21:45

Yes we had Wills drawn up in TRNC - used Naomi Mehmet - very easy and we were then taken to the Courts to have them sealed and stamped and stored with the Courts - we retained a copy which we have since placed with our UK lawyers. Our UK lawyers did confirm that any property in TRNC would not be recognised in our English Wills - thats why we had TRNC Wills drawn up.

Chris


Joined: 26/03/2008
Posts: 454

Message Posted:
13/06/2008 22:31

I'm coming back to haunt my builder!!!







Chris

davidoff


Joined: 21/04/2007
Posts: 438

Message Posted:
13/06/2008 22:44

Hi all,



You shoulkd always make a will in the country you have purchased property or have assets in!



Then store a copy of this with your lawyers in your home country for future reference only!



Its better to be safe than sorry at the end of the day!



take care d

but-n-ben


Joined: 09/06/2008
Posts: 20

Message Posted:
14/06/2008 13:38

Listen to Elko2 (Ismet) on this one friends he is 100% accurate and he is a legal eagle, please

It irks me when people name their lawyers etc as I think a lot of people have problems with lawyers here and some of them are the ones being named

Lisa&Mark


Joined: 29/04/2008
Posts: 13

Message Posted:
15/06/2008 11:10

Hi Ismet



Sorry to sound a bit thick but would you please explain briefly what is the Specific Performance Law? This a new one for me. Tried looking on the internet for an explanation, but with not much luck at the moment.



Many thanks

Lisa

Zuhre


Joined: 25/05/2008
Posts: 72

Message Posted:
15/06/2008 11:35

Hi Elko.



Can you clarify following please:-



1) Surely my property in NC will automatically pass to my children. I was born in London and have British passport.



2) My father refuses to draw up a will, has property in NC, divorced, 2 children. What will happen to his property upon death?



3) My mother remarried, will property pass to her on her hubby's death. He does not have any children.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
15/06/2008 11:52

Lisa,

I will start a new thread on Specific Ferformance, please watch out.



Zuhre,

1. If you die and you have no spouse left behind, he children get your state but it is not automatic. You have to set up the estate through the court to deal with it and complete the formalities. It is a simple matter. If you have a spouse, he gets one sixth and the children get the rest.



2. Once your father dies with no will, children gets the estate as explained above.



3. Since your mother is divorced, she gets nothing from your father's estate.

ismet

Zuhre


Joined: 25/05/2008
Posts: 72

Message Posted:
15/06/2008 12:39

thanks, just to clarify, my mother has remarried and was asking about new husband and his property/finances, is she entitled to anything or should he make a will.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
15/06/2008 14:01

Your mother is entitled to only one sixth of his estate. However your father can make a will and leave up to one third to her. Hence in such an event she will get one third plus one sixth of the remaining two thirds, making a total of 4/9 or just over 44% of the total estate.

ismet

Zuhre


Joined: 25/05/2008
Posts: 72

Message Posted:
15/06/2008 19:32

sorry to sound so stupid - but who is entitled to the remainder - surely if step-father leaves the property to mother by way of a will, property passes to her.