Disputes over wills are increasingly common in Cyprus, often arising from concerns about mental capacity, undue influence, or procedural irregularities. The legal framework governing the validity, execution, and contestation of wills is primarily found in the Wills and Succession Law, Cap. 195 (“Cap. 195”) and Administration of Estates Rules of 1955.
Under Cap.195, any person over the age of 18 of a sound mind may make a will. Testamentary capacity is of vital importance and one of the most common grounds used when disputing a will. If the testator was suffering from dementia, mental illness, intoxication or any condition preventing sound judgment at the time of execution, the will may be disputed.
Undue influence is another major ground for challenging a will. A will may be invalid if it was obtained through coercion, manipulation or pressure strong enough to overpower the testator’s free will. The courts proceed to evaluate any involvement of a beneficiary in preparing the will and sudden changes in testamentary intentions. Suspicious circumstances may shift the burden onto the beneficiary to prove that the testator acted freely and knowingly.
Equally important are the strict statutory formalities. A valid will must be in writing, signed by the testator, and witnessed by two competent witnesses. Failure to comply with any of these formalities usually renders the will void.
Cyprus also maintains a system of forced heirship. The law reserves a statutory portion of the estate for close relatives, such as the surviving spouse, children or, in some cases, parents. The testator may freely dispose only of the disposable portion of the estate. Any testamentary disposition exceeding this freely disposable part is invalid to the extent of the excess. If a will violates these protected shares, the affected heirs may seek reduction of the unlawful dispositions, leaving the remainder of the will intact.
To challenge a will, an application needs to be filed by the person disputing the will at the District Court of the place where the deceased resided. It is important to note that the burden of proof is on the person challenging the will to prove the invalidity of the will.
If the will is struck down, the estate is distributed according to a previous valid will or, if none exists, under the intestacy rules of Cap.195.
The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Mikaelena Kokkinou, Associate, at email mikaelena.kokkinou@kyprianou.com or Alex Avraam, Trainee Lawyer, at email alex.avraam@kyprianou.,com or call our litigation department of the Nicosia office at telephone +357 22 447777.