REGULATION 650/2012 OR Brussels IV
Posted: 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.
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.