Whether you reside permanently in North Cyprus or make occasional visits throughout the year, it is advisable to consider drafting a Will if you happen to own property in the region. Drafting a Will is a crucial step to guarantee that your assets are distributed according to your preferences among the individuals you've selected. It's essential to note that in the event of intestacy (dying without leaving Last Will and Testament), your spouse won't automatically inherit your estate, especially if there are surviving children. In such cases, the surviving spouse might only receive a 1/6th share, with the remaining 5/6th going to any surviving children or other specified relatives.
There is a prevalent misconception that the State automatically claims your estate in the absence of a Will. It's important to clarify that, by law, the state only inherits an estate when there is no identifiable "next of kin." With six degrees of kindred to be taken into account, it is often probable that living relatives exist, ensuring the estate passes to the next of kin rather than the State. The Sixth degree encompasses relationships like a Second cousin or the son of a Great Great uncle. If a person passes away without "next of kin" within the Sixth degree, it is considered as having died without heirs, leading the estate to revert to the Government.
The most straightforward method to secure your assets and eliminate uncertainties regarding the validity of your will is to work with a lawyer in North Cyprus. It is advisable to prepare and sign your will with legal assistance and then deposit it with the Probate Registrar at the District Court. This specific will should exclusively address your property within the North Cyprus and remain distinct from any other wills you may have formulated in other countries covering properties there. A standard clause in the will should encompass provisions for all real and personal property, including real estate, land, personal belongings, and funds held in a bank account.
Subsequently, we can coordinate a convenient appointment for you to visit the Court and officially sign your Last Will and Testament. According to TRNC Law, the validity of a will requires the testator (the individual creating the Will) to be at least 18 years old and in sound mental health. Following the signing, the original will undergoes official stamping and filing at the Court, and you will be provided with copies accompanied by an official receipt.
In the event of your passing, the designated executor or executors named in your will must initiate the process by applying to the Probate Court for a Grant of Probate or Administration. This official document, issued by the Probate Registry, bestows upon the Executor or Administrator the legal authority to manage your estate in accordance with both the law and the stipulations outlined in your Will. In cases where your lawyer is not appointed as the Executor, those individuals serving as "lay" executors may require professional guidance and assistance from a lawyer during this process.
Feel free to reach out to us via info@tokatlioglu.law if you are interested in creating your will, and we will be delighted to provide our assistance.
This guide serves as general information only and is not intended to constitute legal or professional advice. Tokatlıoğlu Law Firm expressly disclaims any liability and does not accept responsibility for any loss or harm that may arise from individuals relying on or using this information. It is advisable to seek specific legal or professional advice tailored to your circumstances for accurate guidance.
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