Probate in North Cyprus

koikeeper


Joined: 09/12/2011
Posts: 3

Message Posted:
09/12/2011 19:05

I am new to this forum and after some expert advice and help on probate.

Myself and a friend have an apartment each which we use for family holidays and we live in the UK. Unfortunately my friend’s wife recently passed away and he emailed his solicitor who advised him that he will have to go through probate and given him a cost of £2250 including stamps. The deeds to his apartment have been issued in both his and his wife’s names and they have a joint will made in the TRNC.

This fee appears a lot and I fear he may be being ripped off at a time whilst he is grieving, can anyone give any information on what is involved and idea of average costs. His solicitor holds all the documents for his apartment can he change solicitors or does he have to keep the same one?



As you can appreciate I am helping him through this difficult time and any information would be of great help.

flightholiday


Joined: 19/07/2007
Posts: 3217

Message Posted:
09/12/2011 19:31

Paul the person best able to advise you on the forum is Elko2 (Ismet) his game is the law. Incidentally his wife is a good honest Advokat (solicitor/barrister in English terms).

Your friend seemingly needs your help and the fees you quote sound exorbitant to me.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
09/12/2011 19:41

Assuming the apartment is jointly owned and she left her half to her husband, it should be a straight forward thing. Out of pocket cost about 700 TL stamp duty plus transfer fee of 4 per thousand at Land Registry. If the value of the apartment is 100,000 GBP, half share is 50,000 GBP and hence 4 per thousand is 200 GBP or less than 600 TL, hence total expenses 1300 TL or 450 GBP.



Give maximum 1000 GBP for services, all inclusive including transfer of title deeds should not cost more than 1500 pounds.



You can find another advocate to do it much cheaper and if the executor is mentioned in the will and it happens to be this particular lawyer, you can object to it based on his exhorbitant fee. I bet he did not even include the transfer fee for the title deeds. Shame on him.

ismet

matula


Joined: 07/07/2008
Posts: 647

Message Posted:
09/12/2011 21:06

I had to have probate granted when my wife passed away in June as the apartment kocan was in both names. The apartment was actually sold before she died but the transfer documents were not signed before she died so to get power of attorney I had to get probate granted. The fee from my lawyer was £1000 with a few sundries on top. Nowhere near £2500 though!

daisythedog


Joined: 17/07/2009
Posts: 73

Message Posted:
09/12/2011 23:21

For anyone who does not live here on fairly permanent basis it may be difficult to find a trustworthy person to appoint as executor of their will, and there are difficulties in having a UK based person to do so.

About 10 years ago it always seemed to be said appoint your soliciter as your executor (it's not like the uk!) and you must use them to register your will.

When my late husband died 4 years ago having left our house (app value £90,000) which was in his name only directly to me plus less than £1000 in TRNC bank accounts i was told that our lawyer as executor could charge up to 6% of the state value in probate fees. (ie£5400) Oh lucky me he only charged me £3000!

That was just for going to the land registry to change the title deed and dealing with 2 small bank accounts.

Now know you can make and register your will yourself, and best to find a good person here to appoint as executor.

Anyone ever meet a poverty stricken lawyer?

koikeeper


Joined: 09/12/2011
Posts: 3

Message Posted:
10/12/2011 15:19

Many thanks for your advice I will pass this on.

kavenkoy


Joined: 10/04/2008
Posts: 1787

Message Posted:
10/12/2011 17:31

Slightly off topic



If you both live in uk and the propertys in joint names etc .Is the only way you can grant power of attorney by going to London to the "embassy" ?



I recall doing that last time when we wanted something doing and it was a bit of hassle.





Kav

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
10/12/2011 19:31

If you live in UK and want to give a POA to be used in TRNC, you go to the TRNC representative in London. It has no relevance to any ownership of property unless your question refers to more than just a POA for whatever purpose.

ismet

koikeeper


Joined: 09/12/2011
Posts: 3

Message Posted:
10/12/2011 20:32

Ismet, the lawyer is named as the executor of the will, so does this mean you cannot change lawyers and that he can charge whatever fee he likes.

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
10/12/2011 20:36

Koikeeper,

You are free to choose your own advocate without any question as apart from the executor. As for the executor, your advocate can ask the court for permission to change the executor and state the exorbitant fee he is demanding as the reason.

ismet

WotNoDeeds!


Joined: 26/08/2009
Posts: 687

Message Posted:
11/12/2011 10:00

Ismet,



Please could you post your wife's contact details. Thank you

kavenkoy


Joined: 10/04/2008
Posts: 1787

Message Posted:
11/12/2011 10:11

message 8

Ismet i will email you a question ,thanks



kav

elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
11/12/2011 13:35

msg. 11,

My wife does not take on cases from Girne court, she is far too busy for that. Sorry.

ismet