What are the forms of will in Cyprus?
The will must be in writing and be signed by the testator. The signing shall be made in the presence of two or more witnesses, present simultaneously and confirming/ countersigning the will. If the will consists of more than one sheet of paper, each sheet shall be signed or initialled by the testator and the witnesses.
Does a register of wills exist in Cyprus?
Each District Court (Nicosia, Larnaca, Limassol, Pafos and Famagusta) maintains a register of wills, kept by the Probate Registrar, in which every will is recorded once it is filed. Additionally, the Supreme Court of Cyprus maintains a general register that records all wills filed nationwide on a monthly basis.
Why file a will?
Filing a will is not mandatory; however, it is advisable to ensure that it can be located and to reduce the risk of loss or destruction. It should be noted that after death the filing of the will is obligatory to be made by the person who has possession of such original will (e.g. testator’s lawyer or the appointed executor.)
Who can file the will?
A will may be filed by the testator during their lifetime or post mortem by any person who has possession of the original document (e.g. the testator’s lawyer or the appointed executor).
How is the filing made?
The testator must deliver the will to the Probate Registrar in person. If the testator is not personally known to the Registrar, they must be identified through an affidavit sworn by someone who is known to the Registrar. The will must be submitted in a sealed envelope, which the Probate Registrar will then mark with the official Court seal. This envelope is kept securely in a locker at the District Court. The filing will be recorded in the Register of Wills, and certified copies can be provided to the testator or their authorized representative (e.g. their lawyer).
How much does it cost to file a will?
The cost of filing a will by the testator vita durante is €11 and post mortem is €6.
Who can consult the register of wills?
During the testator’s lifetime, the register is confidential; access is restricted to the testator or any person duly authorized by them (such as their lawyer).
After the testator’s death, the contents of the will generally remain private until the probate proceedings commence Relatives of the deceased (heirs), the named executor, or any other person with a legitimate legal interest may check the register of wills at the District Court. In such cases, official proof of death is required, along with documentation establishing a legal interest (e.g. Certificate of Heirs).
Is it necessary to provide a death certificate?
Yes, since the filing of the will is confidential, official proof of death in order to conduct a search in the registry by a person who has legal interest is a prerequisite.
How much does a search cost?
The cost of a search is €6.
******