In Cyprus, a will is a legal document through which an individual, known as the testator, expresses their wishes regarding the distribution of their property and assets upon death. A will also allow the testator to appoint one or more legal heirs and designate an executor to manage the estate until its final distribution. The primary function of a will is to ensure the appropriate distribution of the deceased’s assets, or at least the portion that can be freely disposed of. It may also contain other important provisions, such as funeral arrangements.

The process of drafting a will requires it to be in writing and signed by the testator in the presence of two witnesses who must be present simultaneously. While a will may be registered with the District Court in the city where the testator resides, its validity is not affected even if it remains unregistered.

A will offers the testator the opportunity to decide on several important matters. Firstly, the testator may appoint an executor to manage the estate. The executor can be a trusted family member or a lawyer with the necessary legal knowledge and experience in estate administration and asset distribution. Secondly, in terms of asset distribution, if no will is left, the property will be distributed according to the Wills and Succession Law. However, if a will is in place, the testator may specify how their assets will be divided and to whom they will be transferred. The testator may also include additional heirs beyond the immediate family, depending on the portion of the estate that is available for free disposal.

The Wills and Succession Law limits the testator’s freedom to dispose of their entire estate, ensuring that certain family members are provided for. The “available part” of the estate refers to the portion of movable and immovable property that the testator is free to distribute according to their will. When a person dies leaving a spouse and children, or a spouse and descendants of children, or no spouse but only children or their descendants, the available part of the estate must not exceed one-quarter of its net value. If the testator has no children but leaves behind a spouse or parent, the available part is limited to half of the estate. If there are no children, descendants, spouse, or parents, the testator may freely dispose of the entire estate in accordance with their will.

A will can be revoked by creating a new will that explicitly revokes the previous one, or by the testator physically destroying the document.

If you have any further questions or require assistance with the preparation of a will, please feel free to contact us.