Information on having/making a will please

herindoors


Joined: 13/01/2007
Posts: 138

Message Posted:
21/02/2010 20:57

Is it true that if the husband dies(god forbid) and property is in his name, his wife would not inherit the property in TRNC, who would own it? We have an English will in which the wife does, but would this apply there? If anyone could give me information on wills , how and where to make one we would be very grateful.

cooper


Joined: 23/10/2007
Posts: 3386

Message Posted:
21/02/2010 21:05

You need to do a Will in the TRNC also, you can do them yourself if there not to complicated. info here - http://www.hbpg-trnc.net/documents/Will.html



Cooper

flightholiday


Joined: 19/07/2007
Posts: 3217

Message Posted:
21/02/2010 23:37

Getting a will can be complex anywhere and in North Cyprus differtent rules can apply to different nationals - Talk to an expert (Elko 2) Ismet and his wife can resolve most of this for you and from experience at a reasonable price too.

basheer



Joined: 22/12/2008
Posts: 949

Message Posted:
22/02/2010 01:26

if the husband dies the property are first shared by the children the mother hardly gets much,I had the villa transfered from joint names to hers only to meet the transfer discount tax deadline which I did and then to protect myself I made a will from her to me in case something happened I used Munir in town speak to mustasfa



Munir Akil

Law Office

Namik Kemal Caddesi,

Yetkili is Merkezi, No:2,

Girne, Mersin 10 Turkey.

Tel : +90 392 815 7935

Fax: +90 392 815 6690

I paid £200 well spent the laws here favour children so hope this helps

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
22/02/2010 07:40

If your will is simple do not pay a robbing solicitor to do it. ie if you are splitting equally between children or others. There is a pro forma on HGPG site address on msg 2 above. The cost is about 45tl per will in stamps.



You must do one will per person.



It is an absoute necessity to have a will covering all your assets here in TRNC and anyone who has a home of any sort here and does not have a will then there is a high percentage odds of loosing your home if one spouse dies.



So anyone who has not done a will - DO IT TODAY!!!!!!!!

Warbabies


Joined: 18/04/2009
Posts: 165

Message Posted:
23/02/2010 10:02

We have the HGPG pro forma for making a will, and intended registering it ourselves, as advised in several recent postings. However, we've now been told by our Solicitor that this form cannot be used for willing a TRNC property!

Please does anyone know the legal situation regarding this pro forma?

Jetski


Joined: 21/07/2008
Posts: 584

Message Posted:
23/02/2010 13:54

I'd like to know aswell please! Elko - can you advise?

flightholiday


Joined: 19/07/2007
Posts: 3217

Message Posted:
23/02/2010 14:19

I would guess that the only way that the pro-forma will can be checked is if it is contested in courts as then a precedent can be made and accepted.



But it will not just depend on the pro-forma but also what you write on the will as that wording would also be subject to a legal and language understanding or misunderstanding.

herindoors


Joined: 13/01/2007
Posts: 138

Message Posted:
23/02/2010 18:51

Oooo eck!!!! It is more complicated than I thought! Silly me! Was planning to get this done and dusted over the Easter break but will leave it till the summer to make sure I get it right! Thanks to all for your advice.

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
23/02/2010 21:05

msg 6.



We did all of this ourselves and the solicitors (using term loosley) are worried because they are loosing business.



We checked all of this as have the dozens of other people with the court officials and they are happy.



As far as the pro form goes it tells whoever to hand on monies etc just the same as any paper written by a lawyer. Why should a will be challenged any way as long it is made clear who the benificiaries are.



Do not for get that you can also use a notary to do the job again pinching pennies from the lawyers.



The lawyers in Girne will be running scared because they are at last being identified for the frauds they are. If you want to use a lawyer for a will go to Lefkosa where you will be met with a little more honesty. So as for the question above, ignore your solicitor they are just trying to con you.



If you have any further doubt write to HBPG where they have experience and knowledge rather than just hearsay.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
23/02/2010 21:45

Ref. msg. 6 and 7,

You can make your will as you please. The important factors are:

1. It must be unumbiguous.

2. It must be signed in the presence of eligible wittnesses e.g.. a spouse is not an eligible wittness.

ismet

Jetski


Joined: 21/07/2008
Posts: 584

Message Posted:
23/02/2010 22:38

Ismet - very reassuring. Thankyou as always.

cyprusishome


Joined: 31/03/2007
Posts: 2381

Message Posted:
24/02/2010 06:50

Just to follow up my earlier msg.



The pro forma covers both of Ismet's points. You just cannot get it wrong. Plus the court officials do check and question if there is any query. They are not earning money therefore have no issues.