Estate Administration in Cyprus: A Guide to Wills and Probate

The administration of a deceased person’s estate in Cyprus is governed primarily by the Wills and Succession Law (Cap. 195) and the Administration of Estates Law (Cap. 189). Correct application of the relevant provisions is essential to ensure that an estate is transferred lawfully and without complications to the beneficiaries.

The guide below explains, in simple terms, what applies to wills, probate, and estate administration in Cyprus.

1. What is a Will?

A will is the document by which a person (the testator) determines what will happen to their estate after their death.

Under Articles 23–26 of Cap. 195, for a will to be valid in Cyprus it must:

• be in writing
• be signed by the testator
• be signed in the presence of two witnesses simultaneously
• also be signed by the witnesses
• be made by a testator who is over 18 years of age and of full mental capacity

If the above conditions are not met, the will may be declared invalid.

Failure to comply with these requirements can result in the will being deemed void.

2. Forced Heirship and the Disposable Portion (Article 42, Cap. 195)

Cyprus succession law does not always allow full freedom to dispose of one’s estate.

Article 42 of Cap. 195 provides that:

• If the deceased leaves a spouse and/or children (or descendants), only 1/3 of the net value of the estate may be freely disposed of
• If the deceased leaves a spouse or a parent, but no children, 1/2 may be freely disposed of
• If there is no surviving spouse, children, or parents, the entire estate may be freely disposed of

A will that exceeds these limits may be challenged and adjusted by the Court.

3. What Happens if There Is No Will

(Intestate Succession – Articles 45–49, Cap. 195)

When a person dies without a valid will, the rules of intestate succession apply.

Under Articles 45–49 of Cap. 195:

• If there are no lawful heirs, the estate may pass to the Republic of Cyprus, subject to the spouse’s rights
• Priority is given to the spouse and children
• If there are none, the estate passes to parents, siblings, and other relatives, according to their degree of kinship

4. What Are Probate and Letters of Administration (Article 3, Cap. 189)

The existence of a will alone is not sufficient for the administration of an estate.

Under Article 3 of the Administration of Estates Law (Cap. 189), no will has legal effect unless a corresponding Court order is issued.

Probate

Is granted when:

• a will exists, and
• there is an executor able to act

Letters of Administration

Are granted when:

• there is no will, or
• there is no executor, or the executor is unable to act

Without the relevant order:

• lawful distribution of the estate cannot take place
• bank accounts remain frozen
• immovable property cannot be transferred

5. Key Stages of Estate Administration

The process generally includes:

• Distribution of the estate in accordance with the law
• Identification of heirs or beneficiaries
• Recording of assets and liabilities
• Filing an application with the competent Court
• Settlement of debts and expenses

6. Cross-Border Inheritance Matters

Where assets are located abroad, or the deceased was habitually resident outside Cyprus, EU Regulation 650/2012 may apply.

In such cases, a European Certificate of Succession may be issued, which facilitates the administration of the estate within the European Union.

7. How Soteriou & Mathaiou Law Office Can Help

Our firm provides legal services in relation to:

• drafting and reviewing wills
• probate and letters of administration
• estate administration
• intestate succession
• cross-border inheritance matters

With professionalism, precision, and discretion.

The content of this article is accurate as of the date of its first publication. It is provided for general informational purposes only and does not constitute legal advice. We recommend that you seek specialised legal advice regarding your specific matter before taking any action based on the information contained herein. For further information or legal guidance, please contact Mr. Stavros Soteriou at +357 96758478 or at ssoteriou@soterioumathaioulaw.com.