Cyprus Will

[nlp]

Hi Nigel

When we bought our property in Cyprus, several years ago, we were unfortunate in using a firm of solicitors who have featured before in these pages.

We made a Cyprus Will at the same time, making our two sons executors, the solicitors inference was to have them also, which we did. Now we want to change that to just our sons.

The question is this, in the UK codicils are common, could we use one with our Cyprus wills to amend the executors ?

Many thanks

[Pantheman]

Just write a new one, discarding all previous wills and keep that.
Then you can name whomever you want as executors.

[emgee]

We recently did as Nigel suggests, took the Wills to the Probate Office in the Court Building in Pafos, bought
2 stamps and filed our Wills. Easy.

Alan

[footy123]

We recently did as Nigel suggests, took the Wills to the Probate Office in the Court Building in Pafos, bought
2 stamps and filed our Wills. Easy.

Alan

Emgee,Did you actually write the will out yourselves or did you use a will writer or a lawyer?
Thanks.

[Nigel Howarth]

Hi footy123,

It would be extremely unwise to write a Will yourself - Wills for expatriates and the Inheritance Tax implications for UK domiciled or ex-domiciled individuals is a complex area of law and you need advice from an independent lawyer with detailed knowledge of both jurisdictions.

If you choose to have a lawyer act as your executor, it's essential that you agree their fees beforehand and have these written into your Wills - otherwise the lawyer will charge the minimum fees laid down by the Cyprus Bar Association.

I raised the issue of the Cyprus Bar Association's minimum fees with the European Union and recently received their reply:

"Cypriot authorities stated that current legislation allows lawyers to enter into an agreement on their fee, for services both in and out of court, provided that they sign a special retainer agreement at the start of the case with their client. This may take the form of an inclusive payment or a commission (percentage) or a salary or some other means and may be similar to, less than or greater than the fee which the lawyer would otherwise be entitled to receive according to the published scale. The lawyer and the client may also enter into an agreement regarding the method of payment for extrajudicial costs incurred in connection with a case.

Cypriot authorities informed us that the minimum published fees apply only when there is no written agreement between the parties."

So if you fail to agree a lawyers fees and have these written into your Will, the lawyer will charge the estate at the very least the minimum prescribed by the Bar Association - these minimum fees fees are very high compared to what you would pay in the UK.

It's also worth noting that the Cyprus Bar Association's minimum prescribed fees ONLY apply to their advocate members. So although non-registered lawyers and Will writing companies are not included, you still need to negotiate their fees and have them written into your Will.

(The same applies to any work you wish a lawyer to carry out on your behalf - agree the fees in writing before instructing them.)

Regards,

[emgee]

Footy

We copied the introductions...This is my last Will etc from our original Will and then made appropriate changes as to whom we were leaving our assets. Signed them and had them witnessed by friends in front of the Probate Officer, who is fantastic.

He told us that he is soooooooooo busy as the English are all re-writing their wills and changing their Executors from Lawyer to friend etc.

Alan