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Probate question

Probate question

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Old Apr 3rd 2012, 8:10 pm
  #1  
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Default Probate question

Hi there, just wanted some advice....
My father died a year ago and we are seeking probate, unfortunately itvwas suddenly and he did not have a will. Unfortunately, his wife ( not my mother) had died a year earlier. We are seeking probate for fathers estate, but given their home is in both names they're saying we have to undertake administration on both estates.

My question re Cypriot law. When my fathers wife died doesn't her estate automatically go to my father?

He never settled her affairs after she passed.
Any advice us appreciated
-will
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Old Apr 26th 2012, 6:59 pm
  #2  
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Default Re: Probate question

I believe that in Cyprus law, the estate is shared between surving spouses and the children.
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Old Apr 26th 2012, 7:16 pm
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Default Re: Probate question

If you fathers wife had children from a previous marriage they would have been entitled to some of her estate. Your father would not automatically be entitled to all of it. This is what happens when people don't make wills. Even with a will it still has to go through probate but the result is usually what the deceased person wanted.
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Old Apr 26th 2012, 7:20 pm
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Default Re: Probate question

Making a will is important, very important. If you live in the UK and also have property in Cyprus, it is very advisable to make a UK will for the UK assets and a Cyprus will for the Cyprus assets.
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Old Apr 26th 2012, 7:50 pm
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Default Re: Probate question

It is also improtant to use a Cypriot lawyer and not one of these so called expat services companies. You need someone who can stand up in court when the probate hearing happens. There are several British companies who charge ridiculous amounts to make peoples wills, then charge a yearly fee to store them and are totally inept and unable to represent people when it comes to court.
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Old Apr 26th 2012, 7:58 pm
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Default Re: Probate question

Choose your Executor wisely, as the Cyprus Bar Association has very high rates for lawyers fees acting as Executors enshrined in law.
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