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Forced Heirship

Posted: 24 Sep 2012 15:03
by Stu H
Hi, I'm new to this forum and wondered if anyone could give me some advice.

My mother re-married in UK and she and her new husband decided to spend their retirement years in Cyprus.
They bought a property in Kiti but, didn't purchase the title deeds!

My mother has since passed away and under the forced heirship law, myself, my "stepfather" and my 5 siblings are entitled to a 1/7 cut of half of the estate.

My questions are:

Are my 5 siblings and myself liable for any maintenance costs to the property?
Where do myself and my other 4 sibling in the UK stand on this?
Is it likely to cost us any money?


My stepfather is still living in the property and has recently re-married.
We have received letters from him and his solicitor requesting that we sign administration rights either to him or the solicitor!

We understand that either ALL of us sign or there is no point in any of us signing.
I have a brother living in Cyprus who is point blank refusing to cooperate in any way.

I hope someone will be able to clarify things for me

Kind Regards

Stu H

Re: Forced Heirship

Posted: 24 Sep 2012 17:00
by Nigel Howarth
Hi Stu and welcome to the forum,

Did you late mother make a Will? Was she Cypriot? The reason I ask is that it may may have a bearing on the answer.

Regards,

Nigel

Re: Forced Heirship

Posted: 24 Sep 2012 17:11
by Stu H
Hi Nigel, Thanks for responding.

My mother was British. She loved Cyprus and decided to live out her retirement years there. I don't beleive that she became a cypriot citizen though!
She had a will in the UK but, I understand that this is not enforceable in Cyprus.

Sorry, one more question

If we do sign over administration rights to my Stepfather or his solicitor, will we forfiet any inheritance that we may be entitled to?

Kind Regards

Stu

Re: Forced Heirship

Posted: 24 Sep 2012 17:40
by Nigel Howarth
Hi Stu,

I wouldn't sign any papers at the moment.

Once probate has been granted in the UK, your late mother's Will can go through a process known as resealing and probate can again be sought in Cyprus to ensure that her final wishes are granted.

You will need a lawyer to help and I suggest you speak with your lawyer in the UK first to see how to get the ball rolling. It can take up to a year for probate to be granted in Cyprus (and I have know it to take longer). You should also get a lawyer in Cyprus to handle probate. The British High Commission publishes a list of lawyers that can be found at http://uk.sitestat.com/fcoweb/ukingov/s ... yers-south . I suggest you speak with two are three and get some firm quotations for the work involved.

Whoever are the beneficiaries of you late mother's estate will then be entitled to a share in half the property she had in Cyprus - that would include the rights to half the property at Kiti (known as immovable property) and any property (furniture, jewellery, money, etc) that she owned.

Once probate has been granted in Cyprus you and the other beneficiaries will be responsible for a share in the costs of maintaining the property. Until probate is granted costs will be paid out of your late mother's estate.

It is going to cost you some money to get this sorted out - and it's unfortunate that your late mother didn't make a Will in Cyprus as this would have made the process much quicker and easier.

(I'm assuming that your late mother and her husband bought the property jointly - and that both their names are on the Contract of Sale?).

Regards,