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Inheritance And Succession – Wills/ Intestacy/ Estate Planning



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The Wills and Succession Law (Cap. 195) provides for a statutory
portion that will have to be passed according to forced heirship
rules.

Part one: Statutory portion

The below part is based on inheritance and succession law in
Cyprus and discusses the difference between the statutory portion
and the disposable portion of an estate.

Any person, provided that certain conditions are met, can draft
a will, namely a written statement expressing their intentions
regarding how their assets and estate are to be disposed after
their death.

In Cyprus, the part of the estate that can be disposed of
through a will is subject to restrictions.

For this reason, inheritance is divided into a statutory and a
disposable portion:

  • The statutory portion is the part of the estate that cannot be
    disposed of through a will;

  • The disposable portion is the part of the estate that can be
    disposed freely through a will without restrictions.

In case there are surviving relatives, the estate cannot be
disposed by will in its totality. The Wills and Succession Law
(Cap. 195) provides for a statutory portion that will have to be
passed according to forced heirship rules.

The exact proportion between the statutory and the disposable
portion depends on the surviving relatives or inheritors, and the
portions are calculated after the repayment of any debts or
liabilities the estate may have.

The following examples serve to illustrate the above:

  • If the testator has a surviving spouse and children, the
    statutory portion is fixed at three-fourths, and only a quarter of
    the estate can be disposed of through the will;

  • If the testator has a surviving spouse or a parent, but no
    children, then the statutory portion is fixed at half of the
    estate, while the other half can be distributed through the
    will;

  • If at the time of death, the testator has no children, no
    descendants of children, and no surviving spouse or parent, the
    totality of the estate may be disposed of according to the
    will.

Part two: What makes a person unworthy of succession?

According to the Cypriot Law on Wills and on Succession (Cap.
195), a person is deemed unworthy to inherit, if they:

  • have been convicted of intentionally and unlawfully causing the
    death (or of intentionally and unlawfully attempting to cause the
    death) of the person whose estate is the object of succession;

  • have been convicted of the murder or of the attempted murder of
    the child, parent, husband or wife of the person whose estate is
    the object of succession;

  • by coercion, fraud or mental pressure have caused the testator
    to make a will or revoke an existing will;

  • have obstructed the testator from making a will or altering or
    revoking an existing will;

  • have submitted to a supposititious will to the testator;

  • have illegally altered or destroyed the testator’s
    existing will; or

  • have aided or encouraged any person to commit any of the above
    acts.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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