Cyprus Property Forum for Buyers, Sellers & Investors

My parents have a flat in Larnaka under both their names with deeds.

My father passed away over 5 years ago.

My mum now wants to sell.

I wanted to know what challenges I might face on the legal side to get this done (if any).

Any guidance appreciated as we start on this process.

Pls ask questions as needed.

Thanks
JK

Hi JK and welcome to the forum.

The first thing mum must do is have your late father's will go through probate.

Once the court has issued a grant of probate, she can sell the apartment.

Regards,

Thank you Nigel.

Can you recommend a lawyer that can help us with this?

The UK Foreign, Commonwealth & Development Office publishes a list of English-speaking lawyers at https://www.gov.uk/government/publicati ... -of-cyprus

It's not formatted correctly - I suggest you print it.

Did your late father make a will in Cyprus?

Regards,

Nigel Howarth wrote: 23 Jun 2022 16:11 The UK Foreign, Commonwealth & Development Office publishes a list of English-speaking lawyers at https://www.gov.uk/government/publicati ... -of-cyprus

It's not formatted correctly - I suggest you print it.

Did your late father make a will in Cyprus?

Regards,

Thanks Nigel - yes he did.

Hi JK

As your late father made a Will in Cyprus, that makes the probate process more straightforward.

Who did he appoint as executors?

The reason I ask is that if he appointed a lawyer as the executor/administrator of his estate you will have to use that lawyer to progress probate.

Regards,

Hi,

Just and update and question.

We found the paperwork, Wills were made in Cyprus by both my parents with a firm. Given they are the executors we understand we must operate through them or go through some pain to change.

They are quoting Eur4-5K (per hour charge) though we asked fixed price and 2-4 years to complete. Given deeds are all in order is a huge timescale.

They also suggested given my mother is surviving and the timescale that (in the unthinkable case she passes during the process) we create a donation agreement from her to surviving children.

Any guidance? Not sure we have much choice but the timescale is crazy unless they are just being conservative (the property is in Larnaca)

JK

Hi JK

Pleased you managed to find the paperwork. Many people register their Wills with the Registrar at their local court, which ensures the Wills do not get lost.

Unfortunately you cannot change the lawyer who's named in a Will as the executor as this would go against the final wishes of the deceased. Probate takes a very long time in Cyprus - it's ridiculous. But from friends who've lost their partner, it takes around a year in Limassol.

As for a 'donation agreement', I think your lawyer is talking about a 'gifting contract'. With a gifting contract your mother gives her property to her children in the unthinkable event of her death before probate is granted. This gifting contract needs to include a clause stating that your mother has a 'lifetime interest' in the property as this will ensure her children can't kick her out of her home until she passes away.

Regards,