# Does an executor of a Cypriot will need to be a Cyprus tax resident?



## Bluewhale (Feb 4, 2016)

Hi,

My farther died some time ago and left a Cypriot will. On the advice of my parent's solicitor, all the members of the immediate family are executors on the will.

For various reasons we have not been able to execute the will up to now. This week I received a letter from my mother's solicitor saying that she is no longer able to look after her circumstances and has renounced her executorship on the will and has handed that power to the solicitor.

They are now asking me and my siblings to renounce our executorship as well. They say that a Cypriot will can only be executed by a Cyprus tax resident, and as we live in the UK we cannot do this. They also say that if I don't reply within 25 days they can automatically take over executorship of the will.

This doesn't seem right to me.
Does an executor have to be a Cyprus tax resident? And can they just take over executorship so easily?

Any advice appreciated.


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## Veronica (Apr 5, 2008)

The problem is that a will has to go to probate and you need someone who speaks Greek to deal with it in court.
however you need to be very careful as some unscrupulous lawyers will take as much as 20% of the estate as executors.
You need to contact the lawyer and tell them you want a written agreement that they will not take more than 5% or you will instruct another lawyer to take over as executor.

Veronica


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## PeteandSylv (Sep 24, 2008)

It is the person carrying out the probate that has to have Cyprus credentials.

The named executor of a Cyprus will does not have to be a citizen, taxpayer or resident in Cyprus. The purpose of naming such people is to create the option for them to appoint a suitable executor to carry out probate. This avoids the unscrupulous habit of the solicitor creating the will with themselves named as executor and no limits on costs as Veronica referred to.

I don't know if a solicitor can just take over the will but I would imagine that having given notice as they have done there could well be a process to take over executorship. This would prevent wills being locked in an un-probatable position.

Pete


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## Veronica (Apr 5, 2008)

I don't see though how any solicitor can simply ask children to renounce their executorship and threaten to take it over. That sounds highly illegal to me.
I would say get back to them immediately and tell them you will not do any such thing.
Then I suggest one of you gets over here and mother to another solicitor to make a new will.
This one whoever it is sounds very dodgy to me.


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## Bluewhale (Feb 4, 2016)

Thank you, that's very helpful.

I think they are very dodgy as well having already had dealings with them.
I'm hoping to go to Cyprus soon anyway, so I will write and tell them that I will deal with it myself.

I've heard that you can appoint an accountant to carry out your duties as an executor. Is that right, and can anyone recommend a good one?

My dad's affairs were fairly straight forward.


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## Talagirl (Feb 24, 2013)

Valuable advice already being offered - here is a paragraph relevant to your situation and the link to the full article below it. 

Do I need a Cypriot as an executor of a will? 
No – executors can be children even if they live in the UK. The forms here are very complicated, in Ancient Greek and professional help would be needed to deal with the estate. Probate here is different. They would simply get someone based here to deal with the paperwork.

TALA COMMUNITY NEWS: SUCCESSION IN THE EU & CYPRUS - NOTES OF MEETING AT KAMARES CLUB - 28 October 2015


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## Bluewhale (Feb 4, 2016)

Hi Veronica,

I tried to PM you but apparently I haven't made enough posts yet. (I have posted on here before but it's been a while and forgot my user name so I've had to start again).

What I don't understand, is that some time ago, the solicitor said at the end of the probate the executors need to go court in Cyprus to sign off the documents. As my siblings were/are unable to go to Cyprus, the solicitor said they would have to renounce their executorship by signing documents (in Greek) before a notary in the UK. Is this necessary? It would save time and expense if they don't need to do this.

In fact it now seems the solicitor has also changed their mind on this and they seem to think they can just take over if we don't reply within 25 days. That fine as far as my siblings go (they can't carry out their duties anyway) but it is is a little disturbing that they seem to think they can just take over, especially as the letter they sent to me wasn't even sent recorded. As far as they know, they don't even know if I've received it.

To be honest, I think the solicitor's are clueless and are just making things up to suit themselves.


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## Veronica (Apr 5, 2008)

I have sent you a pm. You can answer it.


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## Bluewhale (Feb 4, 2016)

Hi Veronica,

Still don't seem to have an option to PM. The only option it gives me is to delete the message or move it. I'll make another post and try again.


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## Bluewhale (Feb 4, 2016)

This is post number 5 so hopefully will be able to PM now.


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## Talagirl (Feb 24, 2013)

Bluewhale, I suggest you contact the solicitor named at the bottom of the Tala Blogspot article by email with your predicament - he is the person we will contact when the time comes to deal with our legal affairs and he has already given me a lot of practical advice. Or any other specialist solicitor other forum members can recommend as it appears you have a time scale of 25 days since the letter was written to you.


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## Veronica (Apr 5, 2008)

Talagirl said:


> Bluewhale, I suggest you contact the solicitor named at the bottom of the Tala Blogspot article by email with your predicament - he is the person we will contact when the time comes to deal with our legal affairs and he has already given me a lot of practical advice. Or any other specialist solicitor other forum members can recommend as it appears you have a time scale of 25 days since the letter was written to you.


I think what this solicitor is tying to do is illegal and any decent solicitor should be able to stop them doing it.

Bluewhale you can answer a pm from a moderator no matter how few posts you have. Just open my pm to you and click on reply.


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## Talagirl (Feb 24, 2013)

Veronica, your post reads as if the solicitor I refer to in my post is trying to do something illegal especially as you have quoted my post in your comment.


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## Veronica (Apr 5, 2008)

Talagirl said:


> Veronica, your post reads as if the solicitor I refer to in my post is trying to do something illegal especially as you have quoted my post in your comment.


No not at all, sorry if it looked that way. To be honest I havn't read the link so have no idea who the solicitor is in your link. I was referring to what the OPs mums solicitor is tying to do.


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## Veronica (Apr 5, 2008)

OMG now I know who the solicitor is it all makes. I cant name him on here but he is a British guy who is the biggest crook going. We had the misfortune to trust this guy when first stated our business and his lies and double dealing nearly got us into trouble with the Tax and VAT offices. Luckily we saw through him and took our business to a proper accountant who sorted all the problems out for us. 

How I wish it wasn't against forum rules to name and shame.


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## Bluewhale (Feb 4, 2016)

Thank you all for your helpful replies, I'll contact the solictor's you have recommended and see where we go from here.

As regards the crook solicitor's, yes I wish we could name and shame, so that other's do not have to suffer at their hands. However, if anyone should be reading this thread and have their doubts about their solicitor I'll be happy to PM them, as I'm sure will Veronica.

Thanks again.


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## Veronica (Apr 5, 2008)

Yes I am more than happy to name him via pm to stop others getting fleeced by this man.


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