Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
This depends on the deceased’s place of residence. The law applicable to the succession is the law of the country in which the deceased had, at the time of his/her death, his/her place of residence under Common Law. It is important not to confuse this notion with that of ‘domicile’ within the meaning of the legal systems of continental Europe, as well as the concept of ‘nationality’. According to common law, the actual residence of a person is less important; what is decisive, however, is the connection to a certain legal system. Thus, the ‘domicile’ within the common law meaning, is not (yet) constituted after only several years of residence in Cyprus.
Cypriot law allows no exception to this law, insofar as one cannot choose the law applicable to the succession. Cypriot law also applies to movables in Cyprus, independently of the deceased’s place of residence. One exception exists for immoveable property. They are subject to the law of the country in which they are situated.
