In this article G KOUZALIS LLC, your Cyprus Lawyer will explain what is forced Heirship and does Cyprus have forced heirship rules.
Forced heirship is the restriction on allowing a person to dispose of their property as they wish via a Will. Cyprus Law prevents specific people from being disinherited (excluded) from the inheritance such as wife and children and stipulates the fixed minimum percentage that a heir in entitled to receive from the estate of the deceased.
Under Cypriot law, this kind of restriction aims to protect the rights of close relatives of the testator. The property of the testator is divided into 2 sections, The Disposable Portion and The Statutory Portion.
The part of the property that the testator can dispose of with a Will is referred to as “disposable portion”. The remaining property is referred to as “statutory portion”. The calculation of both the disposable and statutory portion depends on who the surviving relatives at the time of death are.
The Disposable Portion under Cyprus Law is calculated as follows:
- a) Where a person passes away, leaving spouse and a child, or spouse and descendant of a child, or no spouse but a child or descendant of a child, the disposable portion must not exceed one-fourth of the net value of the estate.
- b) When a person passes away, leaving spouse or father or mother but no child or descendant of a child, the disposable portion shall not exceed one-half of the net value of the estate,
- c) When a person passes away, leaving neither a spouse, nor a child, nor a descendant of a child, nor a father, nor a mother, he/she is free to dispose as he/she wishes all of the estate.
The remaining proportion under Cypriot Law of the property, the statutory portion shall be distributed accordingly below:
The remaining portion (statutory portion) will be disposed as per the statutory portion which means that the distribution will be made according to the rules of intestacy.
The portion of the spouse is calculated first and then the rest of the estate will be distributed to the relatives of the deceased depending on the degree of kindred. The share of the surviving spouse is as follows:
- a) Where the deceased left a child or a descendant of a child, the spouse’s share is equal to the share of each child.
- b) Where the deceased left no child or descendant of a child but has an ancestor or descendant of an ancestor within the third degree of kindred, the spouse is allowed 50 per cent of the net estate.
- c) Where the deceased has left a relative within the fourth degree of kindred, the spouse is entitled to 75 per cent of the net estate.
- d) Where the deceased left no relative within the four degrees of kindred the spouse is entitled to the entire net estate.
For more information regarding probate, administration and or wills, please do not hesitate to contact us, your lawyers in Cyprus, G Kouzalis LLC on lawfirm@cytanet.com.cy or on 00357 23811788.