Probate

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kazziebfc
Posts: 2
Joined: 15 Mar 2023 18:01

Probate

Post by kazziebfc »

Hi I'm new to the forum so be kind..... I have a property in paphos I wish to sell my husband passed away in 2014 it is in joint names I do have a cyprus will in place I'm told I av to go through probate to sell I have produced death certificates to bank etc is it correct that I av to go thru probate its a minefield

Regards karen
Nigel Howarth
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Re: Probate

Post by Nigel Howarth »

Hi Karen

My condolences on the loss of your husband.

Yes, your late husband's Will has to go through probate as the Cypriot law is different to UK law.

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.

Does your late husbands Will name the executor or the administrator?

Regards,
Nigel Howarth
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kazziebfc
Posts: 2
Joined: 15 Mar 2023 18:01

Re: Probate

Post by kazziebfc »

Nigel Howarth wrote: 16 Mar 2023 17:20 Hi Karen

My condolences on the loss of your husband.

Yes, your late husband's Will has to go through probate as the Cypriot law is different to UK law.

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.

Does your late husbands Will name the executor or the administrator?

Regards,
Hi my executors are my cyprus lawyer and my brother in law who has since passed away..
Kazziebfc
Nigel Howarth
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Re: Probate

Post by Nigel Howarth »

Hi Karen

As your late husband made your lawyer as the executor of his Will, you'll need you'll need that lawyer to handle probate.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
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J B
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Joined: 08 Oct 2017 22:22
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Re: Probate

Post by J B »

kazziebfc wrote: 16 Mar 2023 17:41 Hi my executors are my cyprus lawyer and my brother in law who has since passed away..
Not relevant to this actual query, but friends of ours were stung by the solicitor who was executor of their father's will.

Could Nigel pass comment?
--
J B
Nigel Howarth
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Re: Probate

Post by Nigel Howarth »

J B wrote: 18 Mar 2023 21:39 Not relevant to this actual query, but friends of ours were stung by the solicitor who was executor of their father's will.
Could Nigel pass comment?
It used to be the case that lawyers were obliged charge fees using a formula defined in the 'Minimum Fee Regulations' that were set by the Cyprus Bar Association. These were based on the value of the deceased's estate. (Any lawyer who failed to charge clients according to the Minimum Fee Regulations faced disciplinary action by the CBA including being struck-off!)

Following a successful challenge in the European Court, these Minimum Fee Regulations were abolished so people could shop around for competitive quotes.

I published an article about this nearly five years ago - Lawyers minimum fees in the bin, which advised people to shop around and have the fee agreed with the lawyer written into their will.

I know that some lawyers are still charging like wounded bulls. My article also advises who they should contact with any documented evidence.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
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