August 11 2022

Inheritance and succession: statutory portion

A G Paphitis & Co | Private Client & Offshore Services - Cyprus

Christos Kastanias
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This article is the first part in a series on inheritance and succession law in Cyprus and discusses the difference between the statutory portion and the disposable portion of an estate.

Any person, provided that certain conditions are met, can draft a will, namely a written statement expressing their intentions regarding how their assets and estate are to be disposed after their death. In Cyprus, the part of the estate that can be disposed of through a will is subject to restrictions. For this reason, inheritance is divided into a statutory and a disposable portion:

  • The statutory portion is the part of the estate that cannot be disposed of through a will.
  • The disposable portion is the part of the estate that can be disposed freely through a will without restrictions.

In case there are surviving relatives, the estate cannot be disposed by will in its totality. The Wills and Succession Law (Cap. 195) provides for a statutory portion that will have to be passed according to forced heirship rules.

The exact proportion between the statutory and the disposable portion depends on the surviving relatives or inheritors, and the portions are calculated after the repayment of any debts or liabilities the estate may have.

The following examples serve to illustrate the above:

  • If the testator has a surviving spouse and children, the statutory portion is fixed at three-fourths, and only a quarter of the estate can be disposed of through the will.
  • If the testator has a surviving spouse or a parent, but no children, then the statutory portion is fixed at half of the estate, while the other half can be distributed through the will.
  • If, at the time of death, the testator has no children, no descendants of children, and no surviving spouse or parent, the totality of the estate may be disposed of according to the will.

For further information on this topic please contact Christos Kastanias at AGP Law | A G Paphitis & Co LLC by telephone (+357 25 73 10 00) or by email ([email protected]). The A G Paphitis & Co website can be accessed at www.agplaw.com.