Inheritance Law

Sertbay Law Firm - North Cyprus Inheritance and Probate Guide

At Sertbay Law, we aim to simplify the complex processes of inheritance and probate, providing you with the guidance and clarity you need during difficult times. Below is a comprehensive guide covering inheritance and probate laws in Northern Cyprus, including wills, heir rights, inheritance tax, and more.

Sertbay Law Firm  - Step-by-Step Guide to Inheritance & Probate

• Determine if a Will Exists
  Check if the deceased has left a valid will. This document outlines their wishes regarding asset distribution.
• Obtain the Death Certificate
  A certified death certificate must be acquired to initiate the probate process.
• Identify Heirs and Executors
  The will should name the executor responsible for administering the estate. In the absence of a will, legal heirs must be identified.
• Apply for Probate
  File an application with the court to validate the will and obtain a grant of probate. This step involves submitting necessary documents and paying applicable fees.
• Manage and Distribute the Estate
  Once probate is granted, the executor manages the estate—settling debts, handling taxes, and distributing assets as per the will or legal guidelines.

For detailed assistance, contact our team today.

Sertbay Law - Why You Need a Will in Northern Cyprus?

Whether you are a permanent resident or someone who visits a few times a year, it is essential to have a separate will prepared for your assets in the TRNC.

• A Will Prepared Outside TRNC May Not Suffice
  A will made outside Northern Cyprus does not automatically cover assets in the TRNC. If a UK will is to be applied here, it requires a UK Grant of Probate and a re-sealing process in TRNC, which can be lengthy and expensive.
• Right of Disposal in TRNC Law
  Under TRNC laws, only British nationals have full freedom to dispose of their entire estate by will. Other nationalities, including Turkish Cypriots, can only dispose of part of their immovable property by will; the rest is distributed according to the law. Legal advice is crucial to ensure your assets go to the people of your choice.
• Intestacy Rules
  If you die intestate (without a will), your estate will be distributed according to TRNC Wills and Succession Law. For example, surviving spouses do not automatically inherit the entire estate if there are legitimate children, grandchildren, or other blood relatives.
• Partners’ Rights
  Partners living together in TRNC without being married do not have inheritance rights. Preparing a will ensures their interests are protected.

Sertbay Law - How to Make a Will in TRNC

• Initial Consultation
  We’ll guide you through the process, including identifying beneficiaries, assets, and appointing executors.
• Legal Requirements
  Under TRNC law, a valid will must:
  1. Be made by someone over 18 and of sound mind.
  2. Be signed by the testator in the presence of two witnesses who also sign it.
  3. Be lodged with the Probate Registry at the District Court.
• Registering Your Will
  A copy of the will is filed at the local District Court, where the Probate Registrar verifies compliance and stamps the document for safekeeping.

Sertbay Law - North Cyprus Heir Rights

In Northern Cyprus, heir rights are protected under inheritance law to ensure a fair distribution of the deceased’s estate. Key points regarding heir rights include:

• Protected Heir Shares
  Certain heirs, such as children, spouses, and parents, have reserved portions of the estate that cannot be excluded by a will unless the deceased is a British National. This ensures that these individuals receive a minimum share of the deceased’s assets.
• Intestacy Rules
  If the deceased did not leave a valid will, the estate is distributed according to North Cyprus Wills and Succession Law. For example, if the deceased has a spouse and legitimate children, the estate is divided among them based on prescribed legal percentages.
• Disinheritance Limitations
  While a will provides some flexibility, the testator cannot completely disinherit certain heirs (e.g., children or spouses). The law ensures that a portion of the estate remains reserved for these individuals.
• Heir Identification
  When no will exists, the court identifies legitimate heirs based on family lineage and distributes the estate accordingly. This process includes verifying the legitimacy of claims to the estate.
• Partners Without Marriage
  Unmarried partners do not have automatic inheritance rights under North Cyprus law. Creating a will is essential to protect their interests and ensure they receive a share of the estate.

Sertbay Law - North Cyprus Inheritance Tax

Northern Cyprus imposes inheritance tax on the transfer of assets from the deceased to the heirs. Below are the key considerations:

• Tax-Free Allowance
  Inheritance tax in Northern Cyprus provides a tax-free threshold, meaning that only estates exceeding this value are subject to taxation. The exact threshold depends on the relationship of the heir to the deceased, with closer relatives (e.g., spouses and children) benefiting from higher exemptions.
• Tax Rates
  Inheritance tax rates vary based on the value of the estate and the heir’s relationship to the deceased. Generally, closer relatives pay lower tax rates, while distant relatives or unrelated beneficiaries may face higher rates.
• Asset Valuation
  The tax is calculated based on the fair market value of the deceased’s assets, including immovable property, vehicles, bank accounts, and other possessions.
• Filing Requirements
  Heirs must file the necessary inheritance tax declarations with the relevant authorities in Northern Cyprus. Failure to do so within the prescribed time frame may result in penalties.
• Minimizing Tax Liability
  Proper estate planning, such as creating a will and structuring the distribution of assets, can help minimize inheritance tax liabilities. Our team can assist in developing strategies to reduce tax burdens and protect your wealth for your heirs.

Sertbay Law -  The British Cemetery Committee Members

The British Cemetery Committee (BCC) works on an entirely voluntary basis as a service to the British Community residing in Northern Cyprus. The BCC helps to orginise funerals, co-ordinates the person who will lead the funeral service and provides a coffin. Moreover the BCC also arranges the body of the deceased to be collected from the mortuaries in Kyrenia or Nicosia.

As the official legal representatives of the British Cemetery Committee (BCC) in Northern Cyprus, Sertbay Law Firm offer exclusive services tailored to BCC members:

• Specialized Assistance for Expats
  We understand the unique challenges faced by British expats in inheritance and probate matters.
• Priority Services
  The BCC members receive priority support and dedicated attention from our legal team.
• Free Initial Consultation

The BCC members can have a free of charge consultation at Sertbay Law Firm.

• BRS Collaboration
  If you are a member of the British Residents’ Society (BRS), we recommend informing them of your TRNC will and executor details. They can provide valuable assistance during challenging times.

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At Sertbay Law, we provide comprehensive legal support in inheritance and probate matters, ensuring compliance with Northern Cyprus law while safeguarding your rights and interests.

For More Help

Contact us for legal consultation if you need more help or clarification.

• Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
• Tel: +90 392 2288001
• Fax: +90 392 228009
• Web: www.sertbaylaw.com