Property in Northern Cyprus: inheritance law and will for foreigners

If you’re planning to live in Northern Cyprus, it’s important that your will is also recognized here. Your existing overseas testaments could be ignored and not executed as planned if they don’t comply with laws or standards, so be sure to make a will for both countries!

Inheritance laws

The inheritance laws in TRNC are different than in many other countries. If you don’t have a will, or just one for your home country, assets may be distributed differently than what you previously set.

When it comes to property, laws in Cyprus are quite liberal. British citizens can dispose of their movable (personal) or immovable property at will, without any inheritance restrictions! Other foreigners also enjoy complete freedom in their disposal of their assets. The immovable property must nevertheless be distributed according to certain inheritance rules.

Section 23 of Chapter 29 states that the will must be signed by someone acting on your behalf and at your direction, otherwise it is not valid. In addition, a will must be signed by the testator in front of two witnesses present at the same time. These witnesses must testify to the testator’s will and sign. No certification is required. Each page of the document must be signed by the testator and witness.

The legal system in Cyprus is heavily influenced by Ottoman land law. There, the state protects certain aspects of property rights and regulates how they can be sold or transferred from an individual’s estate. This is done through detailed regulations with restrictions on the sale of entire lands as they see fit.

When someone dies in Northern Cyprus or in their home country, a “Tereke” procedure is opened. This is a process that allows you to prove assets when there is no will (or mistakes have occurred) and help you ensure that they are properly distributed according to the law. However, this can take several years and cost the heirs a lot of money.

If you have filed a valid will with the district court in accordance with local laws, your Tereke process should be quick and cost-effective.

The laws in Northern Cyprus are fairly liberal when it comes to property. British citizens can dispose of their movable (personal) and immovable property however they want, without any inheritance restrictions! But there is one rule that all owners must adhere to.

Importance of the will and relatives

If there are no close relatives who can claim your estate, the state has the right of ownership.

Writing a will in Northern Cyprus

You can write a will in TRNC and submit it to the Chancellor of Probate at your local district court. This ensures that your assets are protected and that there is no doubt about their validity!

There are many ways to make a will, and many people choose the path that is easiest for them. You can either hire a lawyer or a notary to get everything done properly and to file all the necessary paperwork in court — it costs around £180-£250 (including VAT).

Depending on how much time you have available

To make sure your will is valid, you should ideally write it in both Turkish and English (and in your native language), and call in two independent witnesses who are not beneficiaries of the document. Each page must be signed by both parties, both by the person making their own estate plan and the two witnesses. The testator must also sign and be of legal age.

When you create a new will, it’s important to include the phrase “Last Will and Testament” to show that this document replaces all previous ones. You can write your will in relatively simple language.

The prepared document should then be submitted to the Chancellor of the Estate in the district court and a copy of the will should be added.

You can draw up your will yourself and just need to make sure it’s legal. If you contact a lawyer or notary public, they will usually arrange to meet the registrar on their behalf and accompany you personally if necessary.

When you register your will with the Registrar of Probate, it will be reviewed to ensure that all formalities have been met. You’ll need your passport and photocopies of your witnesses’ passports. The original document is stamped and submitted to the court.

After your will has been registered and sealed, you will receive a certificate with the reference number. Keep a copy of the document in a safe place along with your receipt so you can use it when you need it, as executors may need it to retrieve the original!

Wills outside Northern Cyprus

If a will has been signed abroad but indicates that it relates to property in the TRNC – provided that all formalities have been complied with – this form of will preparation can serve as proof. However, if witnesses or other signatories living abroad are asked by the court to appear during the succession process, the process can become complicated.

After your death, your assets will be managed by the executor (s) named in your last will and will. You must apply to the registry for execution of wills in order to deal with these matters in accordance with the law and the provisions it contains.

Conclusion: heritage and will on site!

You can easily make a will in Cyprus and file it with the Registrar of Probate in your district court. This ensures that your assets are protected and that there is no doubt about their validity! Your TRNZ will should only cover property that belongs to you, while other assets that are located abroad are governed by other wills.