Probate question regarding proprty

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WiilHerald
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Probate question regarding proprty

#1 Post by WiilHerald » 09 Apr 2012 12:36

Hi there, just wanted some advice....
My father died a year ago and we are seeking probate, unfortunately it was sudden and he did not have a will. I am the only son.

He has an apartment in his name and his wife's name.

Unfortunately, his wife ( not my mother) died a year before my father and he never transferred the title to his own name. We are seeking probate for fathers estate, but given their home is in both names they're saying we have to undertake administration on both estates.

My question re Cypriot law. When my fathers wife died doesn't her estate automatically go to my father?

Are we obliged to pay our lawyers double I'd we give approval for them to undertake this administration for both my father and now his wife. The lawyers want us to do this, and I'm not sure it sounds right.

He never settled her affairs after she passed.
Any advice us appreciated
-will



Nigel Howarth
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Re: Probate question regarding proprty

#2 Post by Nigel Howarth » 09 Apr 2012 13:34

Hello Will and welcome to the forum, I'm sorry to hear of the death of your father.

The laws of inheritance in Cyprus are very different to those in the UK - property held in Cyprus does not pass automatically to the surviving spouse.

In England, if a husband and wife own a property, they are considered as joint tenants, which is a form of holding title where the owners have 100% rights of survivorship unless redirected by a Will.

When a joint tenant dies, their share of the property automatically passes to the survivor.

In Cyprus, if a husband and wife own a property, they are considered as tenants in common, which is a form of co-ownership by which each owner holds an undivided interest in real property as if they were the sole owner. Unlike joint tenants, tenants in common have right of inheritance.

When a tenant in common dies, their share of the property does not automatically pass to the survivor.

I'm afraid that as your late father and his wife died intestate (without making a Will) their estate will be divided according to the Cyprus law. This is quite complex and I suggest that you discuss it with your lawyer.

But basically if your late father's wife had children by an earlier marriage, they will be beneficiaries of the estate.

To answer your question, the lawyer will have to administer both halves of the estate.

If it's not too late, I suggest you contact a number of lawyers and get a written quotation for the legal work involved. (The British High Commission in Nicosia publishes a list of lawyers that you can find at http://ukincyprus.fco.gov.uk/en/help-fo ... ed-lawyer/ ).

Regards,


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Pantheman
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Re: Probate question regarding proprty

#3 Post by Pantheman » 09 Apr 2012 13:49

Nigel,

good post, but it is not just children by the 'wife' here estate can be distributed to other family members if they exist.

Children are the first degree, then parents, siblings, uncles, aunties, cousins. and so on.

Her husband's (will's father) estate would also be liable to a share of this.

Sorry to hear of your situation. It is strange how little thought people in general give to the Will side of things until it's too late!


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WiilHerald
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Re: Probate question regarding proprty

#4 Post by WiilHerald » 10 Apr 2012 13:53

Thank you so much for the great insight - really helpful! Much appreciated. :-) - Will



Nigel Howarth
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Re: Probate question regarding proprty

#5 Post by Nigel Howarth » 10 Apr 2012 14:58

You're welcome Will.

Regards,


Nigel Howarth
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