"Owning" a house in TRNC, and being left another.

[The Dog Walker]

Has anyone been in the situation of "owning" a house here in TRNC, and having Kocan in one's own name, and then being left another one, also here in TRNC, in a registered Will. Does anyone know from experience what the legal implications are?

[deputydawg]

I doubt you will be inundated by advice from numerous individuals as it is likely that this scenario is quite rare. Indeed, it is possible that there is no existing statute, or precedent of case law, at this time in TRNC which fits these circumstances when foreigners are involved. You do not state whether the will is in anticipation of death in due course or the bereavement has occurred. It seems to be here that upon a death, where property is involved, "probate" is necessary before any distribution of chattels and property. The cases I am aware of have taken approximately 2 years or more to resolve and of course have involved fees and appointment of a local Advocate. If an advocate is appointed in respect of the will you mention it should be possible to seek their views on your position. If this is not forthcoming or you are unhappy with their response you could take the advice of an independent Advocate. One who specialises in family law, probate, and conveyancing, also known for making honest endeavour on behalf of clients, would perhaps be best but could be difficult to find ! Overall, I hope things do not become extremely complicated and expensive for you.

[Deniz1]

As "foreigners" are only allowed to own 1 property I forsee problems.

[sophie]

It's perfectly possible to get around the one owner, one property scenario though. A Brit friend of mine has four properties, each one the name of one of her children. All legal and above board provided of course the children are classified as adults.

[Soner]

I would have said not a bad position to be in.
sophie, there are always loopholes, that's a good one - would never thought of that.
Deni1, how do you know The Dog Waler is not a TC?
The Dog Walker are you a TC?

Phew... I think I got that all wrapped for me.....

[Keithcaley]

Sophie,

with the greatest respect, I think that your friend does not 'have' four properties - her four children each have a property.

That is not what the question in post (1) was about.

Nor was it about ways of getting around the problem - if a problem actually exists.

It simply asked whether anyone had actually experienced this situation.

I think that Deputy Dawg's post hit the nail on the head.

[Deniz1]

I dont know Soner. If the person making the will leaves it to someone else to get round the problem then who owns the house ?

[The Dog Walker]

Thanks to you all for your views,-- No, Soner, no TCs involved, and Deputy Dawg, the Will is in anticipation of eventual bereavement. From what has been suggested, it would seem that the Willed property could be put in another name, or one of the two properties would have to be sold. Perhaps those concerned, and others who might be in the future, will need to have a re-think.

[deputydawg]

Dog Walker. If at the time of death you are deemed not eligible to take title to the property, and the will, as drawn, does not provide for an alternative person to benefit how are you going to be able to nominate another party to take title to something you do not and cannot own ? Some, even more cynical than me, might even say that the state might not hesitate to take title to the property themselves the will having failed at law. I most strongly recommend that for peace of mind for you both you now take the best legal advice available as it may be possible to alter or replace the existing will so that the wish for you to benefit, which can only be expressed from the grave, is not at risk of challenge. Keep smiling, somehow !

[red-dragon]

If there is a Will, a Grant of Probate has to be obtained and the heir(s) will inherit accordingly once the estate has been administered.

If there is no Will, the property will be transferred to surviving spouse and children or other nearest relative(s).

[The Dog Walker]

Thanks red-dragon,-- heard just a few minutes ago from my Solicitor's office, saying much the same as you and also adding that there are no limits to the number of properties one can inherit!!! Interesting!!

[ozankoys]

Over 25 years ago (!) Advocate Peyman Erginel told us that if you were bequeathed a property by the owner it became yours without applying for permission to purchase & could be put in your name whether you already had a property or not.
We had the very bizarre idea of paying a terminally ill Cypriot to put property into their name & leaving it to us in their will to get over the '1 property rule' but luckily did not put this into practice!
You really need to seek current legal advice.