Wills for Property in Northern Cyprus for Foreigners: How to Make One and Protect Your Heirs

A foreign owner of an apartment, house or land in Northern Cyprus can make a local will covering the property they own. This is especially important for real estate: even if the owner lives permanently in another country, inheritance of their property in Northern Cyprus is subject to local rules. A will must be made in writing and signed in the simultaneous presence of at least two witnesses. After the owner's death, the estate is administered through the local courts.

• Why a foreigner needs a local will
• Which law governs inheritance
• What can be included in a will
• Can you leave all your property to one person?
• What to prepare
• How to make a will
• Who can be chosen as witnesses
• Who is an executor of a will?
• Where to keep a will
• What to do if you already have a will in another country
• What happens after the owner's death
• When a will should be reviewed
• Frequently asked questions

Why a foreigner needs a local will

When buying property in Northern Cyprus, a foreign owner may be connected to the legal systems of several countries at the same time. They may be a citizen of one country, live permanently in another, while their apartment or house is located in Northern Cyprus.

A local will allows the owner's wishes to be recorded in advance in the form provided for by the legislation applicable to this property. For heirs, this reduces the number of questions about which document to use when opening an estate case and who should manage the property after the owner's death.

This is particularly relevant for foreigners because local law expressly provides that inheritance of property located in Northern Cyprus is governed by its provisions even when the deceased's permanent place of residence was outside Northern Cyprus.

At the same time, a will does not eliminate the inheritance procedure. After the owner's death, the heirs will still need to administer the estate through the local court system.

Which law governs inheritance

The main legislation is Fasıl 195 Vasiyetnameler ve Veraset Yasası, that is, the Wills and Inheritance Law.

The law governs both inheritance under a will and inheritance under intestacy. It sets out the requirements for the form of a will, heirs, reserved shares and the disposition of property.

The administration of the estate and court procedures are also connected with Fasıl 189 Terekelerin İdaresi Yasası — the Estate Administration Law.

For a foreign owner, a provision of Fasıl 195 is particularly important: the law governs inheritance of property in Northern Cyprus even when the owner's permanent place of residence is in another country.

What can be included in a will

A will can determine the fate of property belonging to a person at the time of their death, within the limits of the freedom to dispose of property permitted by law.

For a foreign owner, this may include:

• an apartment;
• a house;
• a plot of land;
• a share in real estate;
• cash and other movable property;
• other property rights that may form part of the estate.

Under Fasıl 195, real estate includes not only land and buildings, but also shares in immovable property and certain rights connected with it.

When making a will covering a specific apartment or plot, it is advisable to identify the property precisely using the available property documents.

Can you leave all your property to one person?

Not always. This is one of the most important issues for a foreigner to consider when making a will.

Fasıl 195 includes the concept of mahfuz hisse — a protected share of the estate that, in certain family circumstances, the owner cannot freely dispose of by will. The remaining part is called vasiyet edilebilen bölüm — the portion that may be disposed of by will.

Under the current text of the law, if the deceased is survived by a spouse and children, a spouse and descendants of a child, or children without a spouse, the freely disposable portion usually cannot exceed one third of the net estate.

If there are no children or their descendants, but a spouse, father or mother survives, the freely disposable portion is usually limited to one half of the net estate.

If there is no spouse, children or their descendants, father or mother, the law allows the entire estate to be left by will.

There are separate exceptions for foreigners. In particular, restrictions on the freely disposable share do not apply to a foreigner's movable property. However, this provision does not automatically mean that any foreign citizen can freely leave 100% of their real estate in Northern Cyprus to anyone they choose.

The law provides a separate exception for certain people born in the United Kingdom who are connected by descent to the United Kingdom or Commonwealth countries. Different rules may apply to them and may also extend to real estate.

Therefore, before making a will covering an apartment, house or land, a foreigner should first determine what portion of the specific property can actually be freely distributed, taking into account their citizenship, ancestry, permanent place of residence and family composition.

What to prepare

To prepare a will, a foreign owner should gather documents in advance to establish their identity, family status and property accurately.

• passport;
• property documents;
• Title Deed — if the title has already been issued;
• sale and purchase agreement — if the property transaction is still at the relevant stage;
• details of the spouse and children;
• details of the people who are to inherit the property;
• information about any other wills made in other countries;
• details of the proposed executor of the will.

Title Deed is the document confirming registered ownership of real estate. If the final title has not yet been issued in the buyer's name, the lawyer should be shown the existing agreement and documents confirming the rights to the property.

How to make a will

Fasıl 195 sets strict requirements for the form of the document. Failure to meet these requirements may mean that the will or some of its provisions are invalid.

How to do it

1. Identify the property in Northern Cyprus that is to be included in the will.
2. Check the family circumstances and any restrictions on the freedom to dispose of the estate.
3. Prepare the text of the will with accurate details of the heirs and property.
4. Appoint an executor of the will.
5. Choose at least two suitable witnesses.
6. Sign the will in the simultaneous presence of the witnesses.
7. The witnesses must sign the document in the presence of the testator and each other.
8. If the document consists of several pages, the testator and witnesses must sign or initial each page.
9. Ensure that the original document is kept safely.

The testator must be at least 18 years old and have legal capacity at the time the document is made.

The law allows a will to be made without the mandatory involvement of a lawyer. However, legal review is particularly important for a foreign property owner. An error in the form of the document, reserved shares or description of the property may only come to light after the owner's death, when the will can no longer be corrected.

Who can be chosen as witnesses

At least two witnesses are required for a will to be valid. They must be at least 18 years old, have legal capacity and be able to sign the document themselves.

Both witnesses must be present at the same time when the will is signed or when the testator acknowledges their signature. They then sign the document in the presence of the testator and each other.

It is best not to use an heir as a witness. The law provides that if a witness receives property under the will, the corresponding disposition in their favour may be invalid. This rule also applies to property left to the witness's spouse or child.

It is therefore more practical to choose independent witnesses who receive nothing under the will.

Who is an executor of a will?

A will can appoint an executor — in local terminology, a vasiyetname tenfiz memuru.

After the owner's death, this person can apply to the court for a document confirming their authority and handle the estate procedure.

Appointing an executor is particularly convenient for a foreign family: the heirs do not have to start by looking for someone who can handle local documents, property and court proceedings.

The mere appointment of an executor does not automatically allow them to dispose of the property after the owner's death. Their authority is formalised as part of the estate proceedings.

Where to keep a will

The original will should be kept somewhere it can be found quickly and presented when the estate case is opened after the owner's death.

Fasıl 189 allows a person to deposit a will for safekeeping during their lifetime with the tereke tenfiz mukayyidi — the registrar of estates. Once deposited, the document is kept within the court system and cannot be withdrawn without following the prescribed procedure, except when the testator takes it back themselves.

Separate Tereke Mukayyitliği — estate registries — operate at district courts.

Depositing a will helps prevent a situation in which the original document cannot be found after the owner's death or relatives do not know it exists.

What to do if you already have a will in another country

Having a will made in the country of citizenship or residence does not, by itself, prevent you from making a separate will covering property in Northern Cyprus.

However, the two documents must be coordinated. A new will may expressly revoke the previous one or revoke it to the extent that the provisions of the two documents conflict.

Therefore, if you have a foreign will, you should show it to a local lawyer before signing a new document. A will made in Northern Cyprus can be limited to local assets to avoid accidentally revoking dispositions relating to property in another country.

A foreign will also does not automatically transfer property in Northern Cyprus. Estate proceedings will still be required after the owner's death.

Local practice also provides mechanisms for recognising certain estate-related court documents issued outside Northern Cyprus. However, whether this procedure applies depends on the country, the court and the specific documents, so it should be checked separately for each estate case.

What happens after the owner's death

A will takes effect after its maker's death, but the property is not automatically transferred to the heir.

Estate proceedings must be opened. Fasıl 195 determines the competent court by reference to the deceased's last or usual district of residence in Northern Cyprus, while the subsequent administration of the estate is also governed by Fasıl 189.

If an executor is appointed in the will, they apply for a vasiyetname tenfiz belgesi — a court document confirming that the will has been duly proved and that the administration of the estate has been entrusted to the appointed executor.

If a will exists but no executor has been appointed, or the executor has renounced their authority or is unable to carry out their duties, the court may appoint an estate administrator.

The estate is then established, the deceased's liabilities and the heirs' rights are considered, and the property is transferred in accordance with the outcome of the estate proceedings.

If the owner died outside Northern Cyprus, the heirs may need a foreign death certificate and other documents from the country where the death occurred. Requirements for certifying, translating and using these documents depend on the country of issue and the specific estate case, so it is best to check this stage before filing documents with the court.

When a will should be reviewed

A will can be amended or revoked. A new document may expressly revoke the previous one or amend specific provisions.

It is particularly important to review a will after significant changes in family circumstances.

Under the current text of Fasıl 195, a will may be considered revoked if the testator subsequently marries. If the person had no children when the will was made, the subsequent birth of a child may also affect the validity of the document. An exception may apply if the will itself shows that it was made in contemplation of an expected marriage or the birth of a child.

The document should also be reviewed after buying or selling property, a divorce, the death of a named heir or executor, or the making of a new will in another country.

Frequently asked questions

Can a foreigner make a will in Northern Cyprus?

Yes. Foreign citizenship by itself does not prevent inheritance or the making of a will. Fasıl 195 expressly sets out rules that apply to foreigners and their property.

Does a foreigner need a local will if they own property in Northern Cyprus?

The law does not impose a general requirement that every foreign owner must have a local will. However, a separate local will allows a disposition of property to be made in the form provided for by local law, and heirs and an executor to be identified in advance.

Can you leave an apartment to one person?

This depends on the owner's family circumstances and the rules that apply to them. Restrictions on the freely disposable share may apply to real estate, so foreign citizenship alone does not mean that 100% of a property can be left to anyone.

Can you leave property to someone who is not a relative?

A will may provide for property to be transferred to someone who is not a relative, but the portion that can actually be disposed of in this way depends on the rules on protected shares of the estate.

Do two witnesses have to be present?

Yes. The will must be signed in the simultaneous presence of at least two witnesses. They must also sign the document in the presence of the testator and each other.

Can an heir be a witness?

An heir should not be used as a witness. If the witness or their spouse or child receives property under the will, the corresponding disposition may be invalid.

Does every page have to be signed?

Yes. If the will consists of more than one page, each page must be signed or initialled by the testator and the witnesses. This is one of the formal requirements for making a will under local law.

If you need legal advice on a sale and purchase agreement

You can contact our legal partner, DeJure, for a consultation with a lawyer licensed in Northern Cyprus.

Phone: +90 539 119 05 55
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