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Noter for a will?
Posted: Tue 26 May 2015 10:35 am
by Deniz1
Is it possible for me to use a noter to make a will?
all the quotes I have had are rather high maybe there is a cheaper option. Even CAB charge £150.
Re: Noter for a will?
Posted: Tue 26 May 2015 10:58 am
by Keithcaley
Expats can make a will and register it themselves if their affairs are straightforward, without a Noter, Avukat or CAB.
You can download a simple Will form
here.
TRNC citizens, or anyone whose affairs are more convoluted, would be advised to take advice - and I would think that a Noter might well be able to give it, in most instances, or at least point you in the right direction...
Re: Noter for a will?
Posted: Tue 26 May 2015 11:06 am
by Deniz1
Thank you, mine will consist of about three lines I think!
Re: Noter for a will?
Posted: Tue 26 May 2015 11:22 am
by Keithcaley
Deniz1 wrote:Thank you, mine will consist of about three lines I think!
...Including the one that says "To whom it may concern", and the one with your signature on it...
Re: Noter for a will?
Posted: Tue 26 May 2015 12:59 pm
by waddo
How about the other one that says "I leave everything to Keith" - lol.
Re: Noter for a will?
Posted: Tue 26 May 2015 1:04 pm
by Deniz1
Re: Noter for a will?
Posted: Tue 26 May 2015 1:08 pm
by Keithcaley
waddo wrote:How about the other one that says "I leave everything to Keith" - lol.
I wonder if I could slip that line in?
Hmmm...
...On second thoughts, it's not all about me, is it?
We'll have people complaining again!
Re: Noter for a will?
Posted: Tue 26 May 2015 3:57 pm
by davedee
And I am reliably informed that it is still valid if NOT registered at the court.
Re: Noter for a will?
Posted: Tue 26 May 2015 4:10 pm
by Keithcaley
davedee wrote:And I am reliably informed that it is still valid if NOT registered at the court.
Yes, I was told that as well.
It may be that it makes the process easier, although I don't know how - perhaps someone can explain?
Re: Noter for a will?
Posted: Tue 26 May 2015 6:02 pm
by PapaBravo
Thanks for the Will template, Keith. Seems ideal for me.
Re: Noter for a will?
Posted: Tue 26 May 2015 6:21 pm
by PoshinDevon
We used the same legal representative who dealt with our property purchase to also draw up our will. Our wills were not complicated and agree that using a Noter could well have worked for us and cost less. However we felt comfortable the way we did it only because our property was involved and we wanted to get the will right.......
The main thing I would say is firstly....make a will and secondly yes get it registered at the court.
Re: Noter for a will?
Posted: Tue 26 May 2015 7:48 pm
by Becker
We did ours through a Noter£60) cheaper than our Advocate. He informed us it had to be registered with the court.A copy should be left with family or close friend.Husband wife or partner have separate will,these may not be changed by anyone other than named person on will. At the court they sign,then they are sealed with wax & left with them.
Re: Noter for a will?
Posted: Wed 27 May 2015 9:38 am
by carrierbag
Our neighbours have drawn up their own wills, based on a template, we countersigned and they have lodged in the Court. We did ours sometime ago with an Advocate but he did a runner and we found out that if you use an Advocate as your Executor they are entitled to a portion of your will's contents (amount not disclosed..funny old thing) so we re-wrote them, taking him out as Executor and re-submitted them and the only extra costs was for the stamps. The old wills were torn up in front of us.
Re: Noter for a will?
Posted: Wed 27 May 2015 10:25 am
by ozankoys
We have heard that the executor can charge what they like, apparently one prominent Girne lawyer charges 20% of the estate!!
We have nominated non legal executors then when the time comes they can engage whatever legal help necessary & get a written quote first.
Re: Noter for a will?
Posted: Wed 27 May 2015 1:46 pm
by snd1966
ozankoys wrote:We have heard that the executor can charge what they like, apparently one prominent Girne lawyer charges 20% of the estate!!
We have nominated non legal executors then when the time comes they can engage whatever legal help necessary & get a written quote first.
Some friends heard this too and I introduced them to the noter Unsal (opp law courts) and his advice was register it at court as he may not be here, the TRNC maybe not be here BUT the court whatever happens will be. He did charge £100 but pointed out several things in their existing will which may of caused problems. Also non TRNC citizens can be executors which a lot of people said was not possible. For me he also confirmed even though the house is in my name as I have a husband under the law here if he dies his family especially the male line are entitled to a share if he does die without a will.
Re: Noter for a will?
Posted: Wed 27 May 2015 5:57 pm
by Becker
We,most certainly have our own named executors! The Noter has nothing to do with it other than witnessing it & accompanying us to the registry office.
Re: Noter for a will?
Posted: Tue 09 Jun 2015 11:19 am
by LawLex
Dear all,
Perusing through your posts, I would like to inform you that there is no such title as "noter" or "notary" in the TRNC but ONLY certifying officers. The difference between a noter and a certifying officer is that a certifying officer is only allowed and entitled to witness signatures signed in his presence or certify documentation as such whereas a noter can prepare legal documents and also do the certification of the same. Noters are only present in Turkey and not here, and for them to become noters they have to study law. Hence, please be aware what legal documents certifying officers are asked to draft as most of them are not legally educated.
Regards
Lawlex Law & Consulting
Re: Noter for a will?
Posted: Wed 17 Jun 2015 8:41 am
by snickers
We have completed our will in line with the BRS template, but how do we register it at the court ?
Re: Noter for a will?
Posted: Wed 17 Jun 2015 9:44 am
by tomsteel
snickers, which court will you use?
Re: Noter for a will?
Posted: Wed 17 Jun 2015 10:05 am
by muffin
The small office for registrations which used to be alongside the main law courts in Girne is no longer there. Anyone know where it has moved to?
Re: Noter for a will?
Posted: Wed 17 Jun 2015 1:05 pm
by Brend
Just been about 11.30am and it is still there. made an appointment for Friday morning.
Brend
Re: Noter for a will?
Posted: Wed 17 Jun 2015 1:46 pm
by tomsteel
Brend, costs for registration as this will help stickers? I'm not sure which court it will be registered in, hence my previous post. Do we assume it is Girne? Wherever it is, the stamp and court fee should be standard.
Re: Noter for a will?
Posted: Wed 17 Jun 2015 1:54 pm
by Hector
Please give proper thought to your will. I've seen too much distress caused by either not having one at all or poorly worded ones.
A few brief tips if I may.
1. Choose your executor(s) very carefully, they will have your estate in their hands. It's fine to make your other half your sole executor which saves time, money and potential problems. You can add ' and should (he/she) be unable or unwilling to act as my executor then I appoint X' . Never appoint a solicitor or bank etc. to be your executor.
2. Make sure whoever witnesses your signature is NOT a beneficiary in your will, if they do, they will receive nothing from your estate.
3. Think through 'what if's' What if your other half dies before you? who gets what? Sons/daughters? What if they have died? Grandchildren to take in their place? Does your will make for simple plain reading with clear instructions so that anyone reading it will be clear as to what you wanted? If you have dependents are they taken care of? If you have a partner and children living with you, then don't go and leave your estate to the cats home. Dependents can challenge wills in the UK if not catered for. Charities, especially in the UK will go in for and fight to the last penny with absolutely no mercy if they have been left anything in a will.
4. I wouldn't identify specific items in your will i.e. 'I leave my Timex watch to Jack'. Give a separate written list to your executor(s) before hand as to such gifts. If it's mentioned in your will your executor(s) will have to run around trying to get it valued which could cost more than it's worth. Please don't tell people they are going to have something when you die and either don't give it to them beforehand (best) or fail to mention it in your will or to your executor(s). It causes much distress with people demanding items allegedly 'promised' by you (which they are actually not entitled to).
5. No, you don't need an advocate or noter or whatever to draft your will or act as executor. I can't say for NC but that applies to the UK anyway.
Re: Noter for a will?
Posted: Wed 17 Jun 2015 4:58 pm
by Brend
Hi
We used the template that Keith posted and took it to cab. They do know what they are talking about and told us that we should both make a will. Although she said that she would not download one from the internet she also said that it was legal.
We filled one out each and took it back to her and she told us to make each other executer of each others will (which we had not done).
We then took the new ones to a certifying officer and he told us that he did not need to do anything and to take it straight to the office at the court who then told us to get stamps from the post office for 49+6 lira for each one (110 Lira) and made us an appointment for Friday morning.
Brend
Re: Noter for a will?
Posted: Wed 17 Jun 2015 5:00 pm
by Brend
sorry forgot to say we have to take passports with us
Brend
Re: Noter for a will?
Posted: Wed 17 Jun 2015 7:21 pm
by tomsteel
Brenda, what is the situation should you both die together, i.e. - car accident, 'plane crash? What court?
Re: Noter for a will?
Posted: Wed 17 Jun 2015 9:37 pm
by Brend
In our case if we both die together we have both left everything to our nephew and nieces as we don't have any kids. They have told us that as long as someone has the original receipt from the court and they are mentioned in the will it will go to them.
Brend
Re: Noter for a will?
Posted: Wed 17 Jun 2015 9:39 pm
by Brend
We went to Girne court. So they will hold the will at Girne.
Brend
Re: Noter for a will?
Posted: Thu 18 Jun 2015 6:37 am
by muffin
Once again - please can someone advise where the court office has moved to?
Re: Noter for a will?
Posted: Thu 18 Jun 2015 7:37 am
by Brend
As you look at the court on the left hand side there are (I think 2 doors ) it is the furthest left of the 2. We got told it was upstairs but got directed downstairs.
We go tomorrow morning so will give better directions then!!
Brend
Re: Noter for a will?
Posted: Fri 19 Jun 2015 11:38 am
by Brend
Been this morning and where all done in about 10 minutes. The door has Filis Bokak (spelling?) it is the 2nd door on the left hand side of the stairs. I think it is open 10-12 on Mondays, Wednesdays and Fridays.
Brend