North Cyprus Legal Advice - Fathers Probate and will

Spaced1976


Joined: 24/08/2011
Posts: 3

Message Posted:
24/08/2011 22:30

Hello,

My father sadly passed away a number of years ago and left his Northern Cyprus property to my brother and I.

At the time of making his will my Father named a TRNC advocate as executor.

My wife and I travelled to the TRNC in April 2009 to meet with the advocate, however he did not turn up for the appointments made with him. We were able to have the Will read and filed at court but since then nothing has been done.

I have frequently attempted to contact the advocate by email and telephone but received nothing but empty promises. More recent attempts at contact have met with no response.

I have sought to employ another advocate to complete the probate on my fathers estate but the executor has refused to hand over details to either myself or another advocate.

It is now three years since my father passed away and this is causing my brother and I a great deal of stress and upset. We are at a loss as to how to proceed.

Any advice would be greatly appreciated.

JC

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
24/08/2011 23:27

Did your Father have his deeds and legal ownership?

rejela


Joined: 09/02/2011
Posts: 293

Message Posted:
24/08/2011 23:38

I would go to the Land Registry office (Tapu) and make a search on your late fathers property to confirm that it is still in your fathers name.

When someone is appointed as executor, they are in a position to sell the property they are in control of.

Beware!

Bradus


Joined: 25/02/2007
Posts: 2641

Message Posted:
25/08/2011 00:30

Who is the advocate and do you know if someone is living in your fathers villa? If so have they bought this property? Rejela gives good advice about to going to the land registry to confirm ownership.



Does it matter that the executor has refused to pass on information? Are wills not registered and your new advocate could still check ownership at the land registry? That's if he was an efficient advocate?



I'm sure one of the more knowledgeable TC posters will be able to give you more help. It's a little late but I hope you get further good advice tomorrow.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
25/08/2011 00:51

msg 1, Space,

You wrote, quote: "We were able to have the Will read and filed at court but since then nothing has been done"



I am not sure how to interpret this. If you really read the will and had it registered with the court it means that the court process had begun but I am not sure.



anyway, all you have to do is to appoint a new advocate. either you come to TRNC and sign the "Retainer" for the advocate or you ask the new advocate to send you a two copies of the Retainer and you sign one each and send it back by post. Then your new advocate will start the process.



It will be plane sailing if the deeds are in your father's name and if the will was drawn up properly, i.e. not one of those template ones, otherwise you may experience problems.

ismet

Spaced1976


Joined: 24/08/2011
Posts: 3

Message Posted:
26/08/2011 22:48

Thank you for your comments and valuable advice.

We have managed to open the will and file it in court, but to our knowledge nothing further has been done. I do not know if the deeds have been registered in mine and my brothers names, or if indeed it is necessary to do so. We provided the advocate with power of attorney to attend to this and other matters relating to carrying out the terms of our father's will. I have been told that my fathers name is on the land deeds but apparently not on the house deeds.

I have been recommended a new advocate and I have made contact with her. She has stated that she cannot submit a application to the land registry in mine and my brothers name until the probate work is complete and she holds the original 'green' construction file. The original advocate holds the file and seems reluctant to give it up. At least now, I have some idea of how to progress and hopefully resolve this quickly.