
Inheritance laws in Cyprus for foreign property owners
Inheritance laws in Cyprus for foreign property owners
Due to the fact that the Republic of Cyprus is a member of the European Union, citizens of all EU member states benefit from the freedom of movement. Thanks to this, they can freely move around the entire territory of the Union and settle in any of its member states. Over 300 sunny days a year, the azure Mediterranean Sea, and many beautiful monuments only encourage foreigners to permanently move to Cyprus. Many of them own properties there, especially real estate.
For this reason, in today’s article, we will present the issue of determining the appropriate jurisdiction in cases of inheritance of properties located in Cyprus owned by foreigners. In such situations, both the provisions of Cypriot inheritance law and the provisions of European Union law apply. In particular, this concerns the EU Succession Regulation (650/2010), which has been in force since July 5, 2012, in the vast majority of EU countries.
Choice of Applicable Law for Inheritance Matters
Due to the application of the “European Succession Regulation,” internal inheritance law provisions in Cyprus must be in line with the provisions of the former. EU regulations become an integral part of the national legal systems of all EU member states by operation of law, ex lege, and do not require any implementation. In the event that Cypriot inheritance law is inconsistent with the provisions of European Union law, only EU regulations will be binding.
According to Article 22 of the Succession Regulation (650/2010), every EU citizen is entitled to choose the appropriate jurisdiction for their inheritance case. They can decide whether to choose the law of the country of which they are a citizen. If a citizen of an EU member state does not make any choice in this regard, the competent authorities will be those of the state where they last resided or had their habitual residence before death. For example, if a Polish citizen had such a place in Cyprus and did not submit a relevant declaration, the inheritance proceedings related to the remaining estate will be conducted by the competent authorities based on Cypriot inheritance law.
Inheritance in Cyprus – Applicable Law for Real Estate
From the aforementioned possibility of choosing the applicable law provided for in Article 22 of the Succession Regulation (650/2010), there are, however, some exceptions. One of them concerns the inheritance of real estate. In their case, the legal situation is different because a citizen of a European Union country generally has no choice. They cannot, therefore, make a legally effective choice of applicable law. In the case of inheriting real estate, the applicable law will be the law of the country where the real estate is located.
For example, if a Polish citizen leaves behind real estate located in the territory of the Republic of Cyprus, the competent state authorities for conducting inheritance proceedings regarding this real estate will be Cypriot state authorities. In this case, the provisions of Cypriot inheritance law will apply, and the will of the testator, as well as their last place of residence or habitual residence before death, will not matter. This is because real estate transactions are subject to significantly stricter restrictions for various reasons.
Inheritance in Cyprus – Lawyer’s Assistance
When inheriting real estate located in Cyprus, it is necessary to remember the need to meet numerous formal requirements provided for by law. This includes, among other things, a precise knowledge of a range of Cypriot inheritance law provisions, although provisions of other branches of law, especially administrative and tax law, are also important. Acquiring an inheritance in Cyprus is therefore a considerable challenge for foreigners unfamiliar with the local legal order. For this reason, to ensure the proper conduct of inheritance proceedings, it is worth entrusting your inheritance case to an experienced and qualified lawyer who is familiar with the provisions of Cypriot inheritance law.
Lawyers from the Lawyer in Europe law firm will be happy to provide comprehensive support in matters of inheritance in Cyprus. Thanks to their practice, they specialize in international inheritance law, which means that using their services guarantees the highest quality, safety, and peace of mind. The extensive experience of Lawyer in Europe lawyers is supported by a high percentage of cases concluded to the benefit of our clients and the considerable reputation enjoyed by the law firm. If necessary, we cordially invite you to contact our experts.
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