I need some help - Cyprus

Savvy_Sue

https://forums.moneysavingexpert.com/discussion/comment/81956635#Comment_81956635

I'll refer you to Wikipedia. People sometimes say "my [family member] lived in Europe", and it matters which country it was: that's the case here too.

poseidon1

Returning to your 1st post, I suspect you have given the probate authorities a confusing picture of the Cyprus estate legal position, which at this stage you have no definitive knowledge.

In the intial part of the post you say they have ask to see the Cypriot Will which suggests you already told them it exsists. However in the same post, you say they requested an affidavit of foreign law which amongst other things should state that the deceased died intestate ( ie without a valid will) in Cyprus. Clearly two conflicting state of affairs.

I have to reccomend you cease engaging with the UK probate authorities until you have received definitive legal advice in Cyprus as to the validity ( or otherwise ) of the Cypriot will, and who under Cypriot law are now the beneficiaries.

You confirm there is already a Cypriot lawyer who presumably prepared your father's will in the first place. However, who was the named executor of that will, was it his deceased wife? What has the Cypriot lawyer advised about the validity of the will where the sole beneficiary has predeceased?

I agree with @Mands post, in that you should be seeking clarification in Cyprus of the legal position of the Cypriot estate. There is already a solicitor there with direct knowledge of your father's affairs prior to death, so not clear why you have not already instructed that person to advise on the Cypriot probate authorities view of the will. If for some reason you have no confidence in that solicitor @Mands has suggested alternatives.

As for payment of legal fees in Cyprus I assume there are monies in frozen accounts there as well as the property which has a decent value?

In any event for the time being, stop digging a hole for yourself with the UK probate authorities until you have determined whether they do have any jurisdiction over the Cypriot assets as far as UK probate is concern.

In passing, it strikes me that if your father did obtain Cypriot citizenship and passport, he could have intended to take his foreign assets out of consideration for UK probate purposes on death (ie become a non UK domicile person for tax purposes). If that were the case, you may well have been in error in your intial probate application from outset.

RAS

https://forums.moneysavingexpert.com/discussion/comment/81956635#Comment_81956635

Good. That's one complication avoided.

North Cyprus was seized by Turkey in the 1970s and its government is not recognised internationally, other than by Turkey. And it will have a completely different legal system.

Mands

In passing, it strikes me that if your father did obtain Cypriot citizenship and passport, he could have intended to take his foreign assets out of consideration for UK probate purposes on death (ie become a non UK domicile person for tax purposes). If that were the case, you may well have been in error in your intial probate application from outset.

Residency (including tax*), citizenship and the issuing of a Cypiot passport are commonly misunderstood. It perfectly legal, and very common, for people to have permanent residency for decades and not apply for citizenship. Without citizenship there is no option for a passport of course.

The numbers have changed significantly since Brexit but rough estimates currently sit at less than 1000 British nationals with citizenship out of the 30k-70k permanently resident. The current backlog of applications is in the region of 7 years. There are now language (B1) ability tests along with written exams on Cypriot history and culture and other requirements.

So my guess is that Pops was a legal permanent resident but not a citizen.

Which … is actually a moot point, I suspect. The Cypriot assets (a property worth 300k?) are covered by the local will. The will fails as the only beneficiary is dead. Forced heirship kicks in. The two blood offspring inherit in equal shares, the step-sibling receives nothing.

There is a, very widely used, Deed of Variation equivalent so it would be a simple matter to re-distribute the estate three ways, including the step-sibling. No one even needs to enter the country, it can be emailed and witnessed by a UK lawyer and then couriered back for presentation to court.

On the subject of lawyers: they must be used to acquire probate. There is no legal DIY option. Until a few years ago the government stipulated the fee structure. That was abolished but legal firms still use it as their start point for fee discussions. Simple estates might trend down, complex ones up but the starting point is 5% plus VAT plus disbursements. For an estate comprising just one property at 300k you might squeeze in below 20k in fees but I doubt it.

• non doms tend to be the digital nomads only. I don't think I know a non-working/retirement-age Brit who has gone down that route. As the digital nomad population grows, and it's a huge growth sector, that might change