Finding a will in Cyprus
~ Legal professionals, some questions/answers to assist you ~
When the existence of a will has been established, who has to be contacted to obtain information about its content?
The executor or any other interested person may apply to have the will opened.
Who is entitled to receive the information?
The executor of the will or any other person with a legitimate legal interest (e.g. deceased’s heirs, creditors etc.). It should be noted that documents proving authorisation or establishing the legitimate legal interest must be provided.
The priority of entitlement to apply for ratification of the will is recorded in s.30 of Administration of Inheritance Regulations 1955: executors, heirs, creditors, state.
Is there a particular procedure to be followed? If so, which one?
Since filing a will is not mandatory in Cyprus, the document could be in several places (e.g. with the testator’s lawyer or in a private locations etc).
If you suspect the will was deposited for safe custody at the Court, a formal procedure must be followed through the Probate Registrar at the relevant District Court. Any person with a legitimate legal interest can request a search after the testator has died. They must provide official proof of their interest, the testator’s death certificate, a formal letter of request addressed to the Probate Registrar, and valid identification. The search fee is €6.
If a sealed will is found in the Court’s registry, it may be opened by the named executor or another interested person in the presence of the Probate Registrar. Before opening the respective envelope, the Registrar must be satisfied regarding the testator’s death and the identity and legal interest of the applicant. If no steps are taken to open the will within four months of death, the Court may take action to notify interested persons of its existence.
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