Making a will in Cyprus: form, witnesses and the forced share
A will lets you decide who receives your property after your death, name an executor and, if you have young children, propose a guardian. In Cyprus, wills are governed by the Wills and Succession Law, Cap. 195. The formal rules are strict and come from English law: under section 23 the will must be in writing, signed at the end by you (or by someone in your presence and on your instructions), and the signature must be made or acknowledged in the presence of at least two witnesses present at the same time, who then sign in your presence and in each other's presence. Each page must be signed or initialled. Witnesses must be adults of sound mind, and a gift to a witness or the witness's spouse is void. Beyond form, Cap. 195 limits what you can leave freely: if you have a spouse and children, you can freely dispose of only one quarter of your net estate; with a spouse or parent but no children, one half. Foreign nationals living in Cyprus can, under the EU Succession Regulation, choose the law of their nationality to govern their succession. This guide explains how to draft, sign, keep and update a will that will stand up in a Cypriot court.
Key facts
Deadline
There is no deadline for making a will, but it must be made while you have full mental capacity. A will is revoked by a later will or by destruction with the intention to revoke; check whether your will needs updating after marriage, divorce, the birth of a child or the purchase of property abroad.
Since 2015, the court may correct certain errors or omissions in the formalities or clerical and arithmetical errors on application (section 23A of Cap. 195).
What to do
List your assets and your family. Write down your immovable property (in Cyprus and abroad), bank accounts, investments, company shares, vehicles and valuable items, and who your close relatives are: spouse, children (including from earlier relationships), grandchildren of a deceased child, and parents.
This tells you how much you can freely leave. Under section 41 of Cap. 195, if you leave a spouse and a child or descendants of a child, or a child without a spouse, the disposable portion is one quarter of the net estate; if you leave a spouse or a parent but no children, one half; if none of these, the whole estate.
Decide which law should govern your succession. If you are a national of another country and habitually resident in Cyprus, the EU Succession Regulation applies Cypriot law to your estate by default. You may instead choose, expressly in the will, the law of your nationality, which may give you more freedom to dispose of your estate.
The choice must be made in the form of a disposition of property upon death. Get advice, especially if you are British, own property in several countries or have children from different relationships.
Decide who gets what. Name your beneficiaries precisely (full name, date of birth or ID number), describe specific gifts (for example 'my apartment at [address], registered under number [ ] at the Department of Lands and Surveys') and say who receives the residue of the estate. Provide for what happens if a beneficiary dies before you.
If you leave more than the disposable portion to someone other than the protected heirs, the gift will be reduced proportionally (section 41(2)), so plan the shares to respect the forced share and avoid disputes.
Appoint an executor and, if needed, a guardian. The executor will apply for probate and administer the estate under Cap. 189. Choose someone trustworthy, preferably resident in Cyprus or with a Cypriot lawyer, and name a substitute. A minor appointed as executor cannot act until the age of 18.
If you have minor children, you can express your wishes about who should care for them. The court will decide in the children's best interests, but your wishes carry weight.
Write the will clearly. Use plain language, number the clauses, date the document, and revoke earlier wills expressly if you intend to replace them. Avoid handwritten additions after signing; if a change is needed, make a new will or a properly executed codicil.
If you do not read Greek, you may write the will in English. Courts will require a certified translation into Greek when the will is submitted for probate.
Sign correctly in front of two witnesses. Under section 23 of Cap. 195, sign the will at the end in the presence of at least two witnesses who are present at the same time. The witnesses then sign in your presence and in each other's presence, and every page is signed or initialled by you and the witnesses.
Witnesses must be at least 18, of sound mind and able to sign their names (section 24). Do not use beneficiaries or their spouses as witnesses: a legacy to a witness or to the witness's spouse or child is void (section 25). Cypriot courts regularly refuse to admit wills where the witnesses did not sign in each other's presence.
Keep the will safe and tell your executor where it is. You can keep the original with your lawyer, in a safe place at home, or deposit it with the court registry. A copy is not enough for probate if the original is lost and its loss cannot be explained.
Tell the executor and, if you wish, the beneficiaries where the original is kept. Keep a list of your assets with the will to make the executor's work easier.
Review the will regularly. Marriage, divorce, the birth of children or grandchildren, the death of a beneficiary, or the purchase or sale of significant assets may make the will outdated. Review it at least every few years.
A new will should expressly revoke previous wills. Destroy old originals only after the new will has been validly signed and witnessed.
What to watch out for
- Signing without two witnesses present at the same time, or witnesses signing on different days. The will may be refused probate.
- Using a beneficiary or the beneficiary's spouse as a witness. The gift to that person is void.
- Leaving everything to one person when you have a spouse, children or parents, without considering the disposable portion.
- Not choosing the law of your nationality when you intended to, which leaves your estate under Cypriot forced heirship.
- Handwritten changes on a signed will, which can create doubts about validity.
- Losing the original. Without it, probate becomes complicated and may be refused.
- Forgetting assets abroad. A Cypriot will that does not coordinate with a will made in another country can accidentally revoke it or leave property undisposed of.
Legal basis
Related court decisions
Frequently asked questions
How do I make a valid will in Cyprus?
Write it, sign it at the end in the presence of two adult witnesses who are present at the same time, and have the witnesses sign in your presence and in each other's presence. Sign or initial every page. These are the requirements of section 23 of the Wills and Succession Law, Cap. 195.
Does a will in Cyprus have to be made by a lawyer?
No. A will is valid if it meets the formal requirements of Cap. 195. In practice, a lawyer helps to avoid formal mistakes, to respect the forced share and to deal with the choice of law for foreign nationals.
How much can I leave freely by will in Cyprus?
If you leave a spouse and children, or children, one quarter of your net estate; if you leave a spouse or parent but no children, one half; if you leave none of them, the whole estate (section 41 of Cap. 195). Foreign nationals may choose the law of their nationality instead.
Can a beneficiary be a witness to my will?
Technically the will remains valid, but any legacy to a witness, or to the witness's spouse or child, is void under section 25 of Cap. 195. Always use independent witnesses.
Can I write my will in English in Cyprus?
Yes. A will in English is valid if the formal requirements are met. When it is submitted for probate, the court will require a certified translation into Greek.
Is a will made in another country valid in Cyprus?
Generally yes, if it complies with the law of the place where it was made or of your nationality or residence. To avoid problems, many people with property in Cyprus make a separate Cypriot will limited to their Cypriot assets, coordinated with their will abroad.
What happens if there is a small mistake in my will?
Since the 2015 amendment, an interested person can apply to the court to correct an error or omission in the formalities or a clerical or arithmetical mistake (section 23A of Cap. 195). Serious defects, such as missing witnesses, cannot always be cured.
Where should I keep my will in Cyprus?
Keep the original in a safe place, with your lawyer or deposited with the court registry, and tell your executor where it is. The original is needed for probate.
Can I change or cancel my will?
Yes, at any time while you have capacity. Make a new will that expressly revokes earlier ones, signed and witnessed in the same way, or a codicil for smaller changes. Destroying the will with the intention to revoke it also revokes it, but a new will is clearer and avoids disputes about intention.
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