REGULATION 650/2012 OR Brussels IV

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mikey
Posts: 8
Joined: 16 Apr 2014 09:45

REGULATION 650/2012 OR Brussels IV

Post by mikey » 30 Nov 2015 19:45

Hi Nigel,
Long time since we spoke so hope all is well with you and your family.
I would like some clarification please on Regulation 650/2012 or the Brussels IV.I understood that from 17th.August this year the succession rules imposed by forced heirship were changed and that any British National who has property in one of the participating states(i.e.Cyprus)can choose the Country of their habitual residence or nationality as the law to govern who gets what when they die.This means that you can put provision in your English wills stating that you wish English law to be the applicable law for their assets in an EU state.
Great news I thought until I read an email from a firm of Solicitors in Larnaca advising that this new law does not apply to the UK,Ireland & Denmark citizens and I cannot make an election under British law for my assets in Cyprus to be distributed under the terms of my British will.Consequently every person having assets in Cyprus has to draft his will according to Cyprus Law meaning I cannot distribute my Cyprus assets as per my wishes as the Cyprus system of forced heirship dictates that certain family members are entitled to a share of those assets,and I would have to have a Cyprus will or make a codicil to my existing Cyprus will which I do not have.
I would appreciate your advice.Thanks Nigel.



Nigel Howarth
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Re: REGULATION 650/2012 OR Brussels IV

Post by Nigel Howarth » 01 Dec 2015 09:42

Hi mikey

You need to have two wills:

One in the UK covering your estate there.

One in Cyprus covering your estate here and stating that you wish it to disposed of according to English law. (A word of warning, do not make the lawyer the executor - use a close friend/relative.)

Regards,


Nigel Howarth
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HappyCamper
Posts: 31
Joined: 04 Jan 2018 19:48

been through this recently ...

Post by HappyCamper » 23 Jul 2018 02:28

letter to cyprus solicitor and fees

Dear Sir/Madam
my wife and I have recently completed the purchase of a holiday home in Paphos. We are joint owners of the property.
My UK solicitor has advised us that we need to amend our UK Wills to include a Codicil that states that UK law should apply to our estate in Cyprus in the event of death – so an EU Succession Direction. We have done this, and our UK Wills and Codicils are attached
My UK solicitor has also advised me that we should both make Cypriot Wills that mirror our UK wills and that state that we wish UK law to apply to the disposal of our Cypriot Estate. She has also advised me that the Cypriot Wills may need to be lodged with the Registrar at the local District Court.
Could you please tell me what your fees would be for writing mirror Cypriot Wills for both of us that match our wishes as expressed in our UK Wills, have the same Executors, and are lodged with the local Registrar?

Thank You


her response with fees

Dear
The legal fees for draft of wills are 150EUR and for married couples is 250EUR for both of them plus disbursements (stamp fees) for the lodging them at the Registrar of the Court.
Please inform me whether you agree with the legal fees in order to arrange an appointment.
Kind Regards



Nigel Howarth
Site Admin
Posts: 2440
Joined: 24 Oct 2007 14:38
Location: Erimi, Limassol, Cyprus
Contact:

Re: REGULATION 650/2012 OR Brussels IV

Post by Nigel Howarth » 23 Jul 2018 11:47

Hi HappyCamper

That seems fine - AIR it's about the same that we paid.

Regards,


Nigel Howarth
Independent information & advice for Cyprus property buyers
Contact Nigel Howarth
Read the latest Cyprus property news

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