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North Cyprus Law | Wills and Succession in the TRNC

North Cyprus LawWills and Succession in the TRNC
It is lawful for every person, who is of sound mind and has completed the age of eighteen years, to dispose the DISPOSABLE PORTION of there property(s) by a will to anyone they wish. But, also, no will shall be valid unless, inter alia, it expresses a definite intention, it is in writing and executed in a manner hereinafter mentioned, that is to say-
a) It shall be signed at the foot or end thereof by the testator, or by some other person on his behalf, in his presence and by his direction; and
b) Such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
c) Such witnesses shall attest and shall subscribe the will in the presence of the testator and in the presence of each other, but no form of attestation shall be necessary; and
d) İf the will consists of more that one sheet of paper each sheet shall be signed or initialled by or on behalf of the testator and the witnesses.
TRNC Citizens can only dispose certain shares, provided by the law, of their property by a will whereas foreigners are free to dispose the whole of there movable property by way of a will and any person who was born or whose father was born in the United Kingdom or any commonwealth country in other words all British Citizens, may dispose of the whole of there movable property and immovable property by will.
If a will hasn’t been made or if all of the property wasn’t disposed by a will what happens to the remaining property? What are the rights of the children and surviving spouse etc?
Where a person dies leaving a wife or husband, such wife or husband shall, after the debts and liabilities of the estate have been discharged, usually be entitled to a share in the statutory portion, which doesn’t apply to British citizens as I have explained above, and in the undisposed portion if any, as follows, that is to say-
If the deceased has left besides such wife or husband:
a) Any child or descendant (grandchildren) thereof, such share shall be the one-sixth of the statutory portion and of the undisposed portion, but if there be more children than five (whether they be living or represented by descendants) then it shall be a share equal to the share of one of such children:
b) No child nor descendant thereof, but any ancestor or descendant thereof within the third degree of kindred to the deceased, such share shall be the one-half of the statutory portion and of the undisposed portion:
c) No child nor descendant thereof, nor any ancestor or descendant thereof within the third degree of kindred to the deceased, but any ancestor or descendant thereof of the forth degree of kindred to the deceased, such share shall be the three-fourths of the statutory portion and of the undisposed portion:
d) No child nor descendant thereof nor any ancestor or descendant thereof within the fourth degree of kindred to the deceased, such share shall be the whole statutory portion and the whole undisposed portion.

If there is no person of kin to the deceased within the sixth degree of kindred living at the deceased death the deceased shall be taken to have died without heirs, and no one of the deceased kin beyond the sixth degree of kindred shall on the deceased death become in any manner entitled to the statutory portion, and to the undisposed portion if any. If a will has not been made or on the failure of heirs as in above provided, and subject to the share of the surviving wife or husband, if any, the statutory portion and the undisposed portion then shall become the property of the TRNC state.

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