What is it and what are the rules?
“Forced heirship” means that, under the rules of probate in Cyprus, certain relatives, such a spouse or children CANNOT be excluded from an inheritance REGARDLESS of the will.
Forced heirship, also known as compulsory succession or obligatory inheritance, is a legal concept that ensures a portion of a deceased person’s estate is reserved for certain heirs, typically close family members, regardless of the deceased person’s testamentary wishes. The aim is often to protect the interests of specific family members, such as children, by preventing disinheritance.
Today, Cyprus maintains a legal framework that reflects a blend of historical influences. The Wills and Succession Law of 1955, as amended, governs inheritance matters in Cyprus. While the law allows individuals to make testamentary dispositions, it also includes provisions to protect certain family members from complete disinheritance. Close relatives, such as spouses, children, and parents, are entitled to a reserved portion of the estate, ensuring that they receive a specified share regardless of the deceased person’s will.
With effect from 17th August 2015 it became possible to avoid Cyprus forced heirship rules if you were a foreign national, under “Brussels IV.”
The European Union’s Regulation (EU) No 650/2012, commonly known as the “Succession Regulation” or “Brussels IV” establishes rules for determining which country’s laws should apply to an individual’s estate upon their death and how cross-border successions should be handled within the European Union.
The Succession Regulation aims to provide a unified framework for determining jurisdiction, applicable law, and the recognition and enforcement of decisions in cross-border succession cases, which involve individuals who have assets in different EU member states or whose heirs reside in different member states.
