title to land

[suenat1]

Hi Nigel


My partner and his sister own 3 plots of land in Cyprus
in joint names if anything was to happen to my partner
would his share of the land go to his daughter or would
it automatically go to his sister.

suenat1

[Nigel Howarth]

Hi suenat1

A couple of questions - is your partner Cypriot - and has he made a Will? The law is different for Cypriots and people who/or whose fathers were born in the UK or in a Commonwealth country.

Under Cypriot Law there is a system of forced heirship. E.g. If a person dies leaving a spouse and a child then ¾ of the estate passes to the spouse and child in equal shares and the testator (the person making the Will) has the freedom to dispose of the remaining quarter share as they wish. However, currently under Cyprus law, there is a concession for persons who/or whose fathers were born in the UK or in a Commonwealth country. Providing they have made a Will, such persons are allowed to leave their Cyprus assets to whom they wish on their death.

Regards,

[suenat1]

Hi Nigel

My partners father was born in Cyprus and lived
there till the 1950's then took up residence in the
UK until his death in 2007.Richard and his sister were
born in the UK and still reside here the land was passed
to his son and daughter in 1994 and registered with the
authorities in Nicosia. Therefore if anything happened to
Richard would his estate in Cyprus under Cypriot law
automatically pass to his sister? However Richard has
made a will in the UK requesting this be passed to his next
of kin could Richard do this under Cypriot law.


suenat1

[Nigel Howarth]

Hi suenat1

As your partner (Richard) was born in the UK, he can leave his share in the land in Cyprus to whomsoever he wishes in his Will. He should also have that Will made in Cyprus as this will speed up the process (and reduce the costs) involved in Probate.

Should Richard die intestate (i.e. without having made a Will) then his share of the land would be distributed to in accordance with the intestacy succession laws in Cyprus. I do not know precisely what these are, but I know for a fact that they are different to the provisions in the UK.

The best advice I can give you is to 'encourage' Richard to make a Will.

Regards,

[Molly]

This may be of some help to you:


http://www.legal500.com/assets/images/s ... ning07.pdf

[Pantheman]

If richard dies, his estate gets left to his first degree relatives, ie his children and spouse.

They will get equal shares. If there is no wife, then the estate will go to his child(ren).

If he didn't leave a will his child will automatically be eligable for it anyway.

Brothers and sisters come later and even his parents if alive will come before them. if there were no children or (legal) wife. When I say legal I mean with a marraige certificate.

Hope this helps.