Another No Will problem

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AJGX4
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Joined: 18 Oct 2017 11:18

Another No Will problem

Post by AJGX4 »

I have looked through the message boards but they don't quite answer my problems.
My Dad, at the age of 90, passed away in December 2020.

My Dad bought a new build house in Pafos in 1986. He registered the house only in his name and I have the title deeds.
He didn't trust lawyers so refused to make a Cyprus Will, great for him not so good for us BUT he did have a UK will which he wrote himself.
His Cyprus assets are the house which is valued about Euro 80k, an old car and a joint bank account with me.
Last year he added a page to his UK will for the house to be left to his grand daughter (my niece) and for me to act as executor in Cyprus which probably counts for nought in Cypriot law.
I have applied for UK probate but there is a back log.
Because of COVID I am completely lost with what to do and can't travel out there until the summer.
How, who should I notify and when?
I hope to get out there in June or September.

If I carry on paying the bills can we use the house until things are sorted.
What sort of costs should I be expecting to pay and what sort of time scale.
(I did previously contact someone through this site but I now have a new comp and old messages unfortunately gone.)
Nigel Howarth
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Re: Another No Will problem

Post by Nigel Howarth »

Hi AJGX4 and welcome to the forum

My condolences on the loss of your father - it's unfortunate that he didn't make a will in Cyprus as this will delay settling his estate.

The will he made in the UK has to go through the probate process in the UK first and once a grant of probate is issued it then has to go through a process known as 'resealing', which effectively means it has to go through probate again here in Cyprus.

I expect that will take a year or so due to Covid and general administrative delays. But it shouldn't take too long to get the papers together to submit to the probate office.

You will need a lawyer here in Cyprus and I suggest Louise Zambartas in Limassol (the firm also has an office in Paphos.) Louise is a dually qualified English lawyer and is on the list provided by the UK Foreign, Commonwealth & Development Office and she's doing some work for me as we speak.

The law on inheritance in Cyprus changed in 2015 to bring it into line with EU Regulations, which you can read about at Inheritance in the EU.

The probate process is different to that of the UK as the the Probate Registry requires all of the legal heirs to sign documentation, even though they are not beneficiaries under the will. This is done to ensure that anybody who would have a claim on the estate is given an opportunity to make such a claim by being informed that the administration is proceeding.

I don't know how much it's going to cost - I'm sure Louise will be able to advise you.

Regards,
Nigel Howarth
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AJGX4
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Joined: 18 Oct 2017 11:18

Re: Another No Will problem

Post by AJGX4 »

If anyone has advice for the 2 questions that would be great as I won't be the first family member out there to start the process with certificates and probate for some time.

Nigel thank you for the reply the link doesn't work and her web page seems unavailable.
One of the things I was concerned about was the fact that everybody needs to sign Cyprus documents which will be very time consuming as some health issues mean that travel may not be possible.

There are only 2 questions that will need an answer
Can the house still be used if I continue to pay the bills?
Can the car be used as Dad is registered owner and clearly can't sign it over ?
Nigel Howarth
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Re: Another No Will problem

Post by Nigel Howarth »

You can contact Louise Zambartas on 25 373734 (They're website was working this morning - I've just spoken with them about the problem.)

They also on Facebook - https://www.facebook.com/L.G.ZAMBARTAS.LLC

People needing to sign documents do not have to visit Cyprus (I think they'll need to get their signatures certified but I'm not sure.)

I'm not sure about using your late father's house (but who's to know if you do?) or the car.

Regards
Nigel Howarth
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Pantheman
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Re: Another No Will problem

Post by Pantheman »

AJGX4 wrote: 11 Mar 2021 13:07 If anyone has advice for the 2 questions that would be great as I won't be the first family member out there to start the process with certificates and probate for some time.

Nigel thank you for the reply the link doesn't work and her web page seems unavailable.
One of the things I was concerned about was the fact that everybody needs to sign Cyprus documents which will be very time consuming as some health issues mean that travel may not be possible.

There are only 2 questions that will need an answer
Can the house still be used if I continue to pay the bills?
Can the car be used as Dad is registered owner and clearly can't sign it over ?
Answer to your two questions are:

1. Yes you can still use the house, why not you have an interest in it, no one can prevent you from living, renting it. Only the sale needs the probate
2. Yes you can continue to use the car, but road tax renewals requires the last 3 digits of the document your father used to register it, either a passport or yellow slip. It is noted on the log book. Only for selling will you need the probate.

Hope that helps
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AJGX4
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Re: Another No Will problem

Post by AJGX4 »

Nigel thank you for your prompt response i am very much appreciative of your help.
AJGX4
Posts: 5
Joined: 18 Oct 2017 11:18

Re: Another No Will problem

Post by AJGX4 »

Nigel thank you for your prompt response i am very much appreciative of your help.
Pantheman also thank you for your response to give me the confidence to allow family to stay there.
Nigel Howarth
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Re: Another No Will problem

Post by Nigel Howarth »

Thanks Pan

Cheers
Nigel Howarth
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AJGX4
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Re: Another No Will problem

Post by AJGX4 »

Nigel Howarth wrote: 11 Mar 2021 14:33 You can contact Louise Zambartas on 25 373734 (They're website was working this morning - I've just spoken with them about the problem.)

They also on Facebook - https://www.facebook.com/L.G.ZAMBARTAS.LLC

People needing to sign documents do not have to visit Cyprus (I think they'll need to get their signatures certified but I'm not sure.)

I'm not sure about using your late father's house (but who's to know if you do?) or the car.

Regards
Nigel for your info the web address for the Lawyer still states account has been suspended.
Also the FB pages appears dormant as it has no posts since 2016.
If this is not the case in Cyprus maybe worth contacting them about why UK has no access.
Al
Nigel Howarth
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Re: Another No Will problem

Post by Nigel Howarth »

AJGX4 wrote: 12 Mar 2021 12:28If this is not the case in Cyprus maybe worth contacting them about why UK has no access.
I called their office yesterday about the problem and they were looking into it. You can get in touch with them from the UK on +357 25 373734

Regards
Nigel Howarth
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J B
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Re: Another No Will problem

Post by J B »

Pantheman wrote: 11 Mar 2021 14:38
2. Yes you can continue to use the car, but road tax renewals requires the last 3 digits of the document your father used to register it, either a passport or yellow slip. It is noted on the log book.
Just for info, the road tax is now overdue. :-(
--
J B
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