Selling flat in Protaras & Probate

[jklondon]

Hi - my parents have deeds to a flat where shares are split 50/50. My father passed away many years ago but my Mum wants to sell to help with her costs here in UK. She is not sure if they ever created a will in Cyprus (still searching old papers) but assuming they did not or I cant find it what is the way to resolve the situation such that my fathers 50% gets transfered over to my mum? Appreciate the help. JK

[Pantheman]

Hi, sorry to hear about your father.

Under tha laws of succession in Cyprus, your father's 50% share will be divided equally between your mum and his children.

Of course the children can agree to let their mum have it all. But either way, you need to do probate in Cyprus before you can do anything with it.

Good luck

[Nigel Howarth]

Hi JK and my condolences on the loss of your father.

As Pan explained, you need to do probate in Cyprus before you can do anything with your late father's share in the apartment. As your late father did not make a will in Cyprus, his estate will be dealt with according to the intestacy laws of Cyprus

However, if your late father made a will in the UK, the probate granted in the UK can go through a process known as resealing and then go through probate here in Cyprus. For further information see Resealing a Grant of Probate in a foreign jurisdiction.

Unless she has already done so, your mum needs to made a will in Cyprus for the apartment and any other assets she may have here. This will simplify the (and reduce the costs) of obtaining a grant of probate in Cyprus.

Regards,