a new will -a template?

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Marisa
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a new will -a template?

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Post by Marisa »

We would like to write new wills , where can we find a template?

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Re: a new will -a template?

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Post by kerry 6138 »

Last edited by kerry 6138 on Wed 13 Mar 2019 10:44 pm, edited 1 time in total.

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Re: a new will -a template?

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Post by Hector »

I've just looked at that link and I'm not impressed with the sample Will as shown. Whilst making a will is basically simple, in UK law at least, you need to get it legally right because it's also simple to get the basics wrong with the will being held legally invalid and/or not in line with what you intended.

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Re: a new will -a template?

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Post by mrsgee »

The BRS have an excellent template plus if you are a member you can take advantage of all of the legal information that came out of a recent presentation to BRS members, which gave very much clarification around probate and wills in TRNC which is very different in some cases to what you might expect.

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Re: a new will -a template?

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Post by mrsgee »

The BRS have an excellent template plus if you are a member you can take advantage of all of the legal information that came out of a recent presentation to BRS members, which gave very much clarification around probate and wills in TRNC which is very different in some cases to what you might expect.

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Re: a new will -a template?

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Post by tomsteel »

Marisa wrote:We would like to write new wills , where can we find a template?
PM me with your email addy and I will send you an approved template.

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Re: a new will -a template?

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Post by Trigger »

Is this a cheaper alternative to getting a law company to create a will for you? Is it legally binding? Can it be stored in the UK or do I have to store it in North Cyprus?

I went to get a will in the summer and was quoted about £300 so didn’t bother... but know I probably should.

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Re: a new will -a template?

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Post by tomsteel »

Trigger wrote:Is this a cheaper alternative to getting a law company to create a will for you? Is it legally binding? Can it be stored in the UK or do I have to store it in North Cyprus?

I went to get a will in the summer and was quoted about £300 so didn’t bother... but know I probably should.
You do not need any form of legal source to make a will in the TNRC. It makes sense to store it here as probate will happen here.

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Re: a new will -a template?

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Post by Ozankoy Best Butcher »

If you have assets in the UK you need to be very careful that any new Will (in any country) doesn`t state that it revokes all former Wills (which is standard wording to the start of a UK Will) or you`ll find that the most recent Will you make in whichever country, may be applied to all assets wherever they are. Its a common pitfall.

Karen
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Re: a new will -a template?

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Post by Marisa »

Thank you for all replies, I have sent a message to you, tomsteel.

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Re: a new will -a template?

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Post by Trigger »

Would I leave the will in my house in North Cyprus and perhaps a copy in the UK too?

It’s about time that I sorted out a will as I created one years back with my ex partner and still haven’t got around to updating it. Would this one overright that one?

Would you be willing to send me the templates too tomsteel?

Thanks for the advice Karen.

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Re: a new will -a template?

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Post by Ozankoy Best Butcher »

Hi Trigger,

Ex-pat succession law is a specialised subject, especially if tax planning is involved and I would recommend that you renew your Will in the UK fairly promptly if you don`t wish your ex-partner to benefit from the contents of it - but make sure you tell your solicitor you have assets and a Will here, they will amend the wording of the standard revocation clause in your UK Will and I personally would always leave a copy of any other Will with the UK solicitor.

Each country has their own requirements for what makes a Will valid. Its quite possible for ex-pats to find themselves legally intestate if Wills haven`t been properly executed. Say, one has been unintentionally revoked and the other doesn`t meet the validity requirements.

I think making a Will is the kindest thing a person can do for their loved ones during their lifetime, clarity in a time of bereavement is priceless. I think money spent on proper legal advice at the outset will always be cheaper than the money potentially handed over to lawyers later to deal with issues.

Can`t speak for the legal system here though
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English and Cypriot cuts, sausages and sliced deli meats.

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Re: a new will -a template?

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Post by tomsteel »

For all posters requesting a will template for the TRNC - please find attached.

THIS IS THE LAST WILL

I, the undersigned: INSERT FULL NAME, holding UK passport number INSERT, hereby declare that this is my Last Will and Testament for any of my possessions located within the Turkish Republic of Northern Cyprus (TRNC).

1. I hereby also revoke all former TRNC Wills and Testamentary dispositions at any time previously made by me.

2. I appoint, INSERT FULL NAME AND PASSPORT NUMBER (hereinafter referred to as “My Trustee”) to be sole Executor and Trustee of this Will.

3. I devise and bequeath all of my possessions in the TRNC, both real and personal of which I possessed and be entitled to at the date of my death or over which I shall have any power or appointment or disposition by Will including:

(a). All my rights to the villa and/or land situated in NAME THE LOCATION AND GIVE FULL DETAILS OF PLOT AND KOCAN NUMBERS/or any immovable property or real estate in Cyprus and/or the TRNC.

(b). All my rights and shares to LIST ANY VEHICLE DETAILS.

(c). All my rights and/or shares to any monies held within the TRNC and/or any monies at any TRNC bank and/or investment companies absolutely to LIST FULL DETAILS OF THE BENEFACTOR. However, should NAME THE BENEFACTOR to predecease me or fail to survive me for 28 days, then I devise and bequeath the followings to the persons stated below in the following shares absolutely:

(1) LIST WHO IS TO GET WHAT.
(2) AS FOR 3(c) (1) ABOVE.
(3) AS FOR 3 (C) (1) ABOVE.

4. Should NAME THE BENEFACTOR to predecease me and my husband/wife INSERT FULL NAME or fail to survive me/him for 28 days then the assets listed above shall be divided equally between my two other children listed at sub para c 2 and 3 above absolutely.

5. Should LIST ANY OTHER BENEFACTORS to predecease me or my husband/wife, they shall forfeit any claim to assets listed above and their share shall be divided equally between their respective children absolutely.

6. My Trustee shall not be personally responsible for any breach of trust whether by way of commission or commission has done or suffered unless it shall be proved that at the time of his behaviour concurrence therein:

(a). He/she was personally conscious that act(s) or default(s) was/were a breach of trust.

(b). Such action(s)/omission(s) was/were done or suffered by his/her ‘mala fide.’

7. My Trustee being a person engaged in any profession or business shall be entitled to charge and be paid all usual and fair professional fees for business transacted time expended and act done by him/her or his/her appointed legal professional in connection with the administration and disposal of my estate. Any money payable under the foregoing provision shall not be subject to abatement by reason of payment of any legacy gift or direction as to the priority of payment of legacies contained under this Will or any codicil hereto and shall be paid free of all deductions.

8. On this ............. day of ............... 20?? I sign this 2 paged document and declare it to be my last Will in the presence of the following certifying witnesses:



THE TESTATOR


......................

Signed in our presence and in the presence of each of us,
and at his/her request and in the presence of each other we
hereto subscribe our names as certifying witnesses thereto:

1. Full Name:........................................... Signature:…………………………………………
Passport No:
2. Full Name:.......................................... Signature:………………………………………….
Passport No:

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Re: a new will -a template?

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Post by Trigger »

Ozankoy Best Butcher wrote:Hi Trigger,

Ex-pat succession law is a specialised subject, especially if tax planning is involved and I would recommend that you renew your Will in the UK fairly promptly if you don`t wish your ex-partner to benefit from the contents of it - but make sure you tell your solicitor you have assets and a Will here, they will amend the wording of the standard revocation clause in your UK Will and I personally would always leave a copy of any other Will with the UK solicitor.

Each country has their own requirements for what makes a Will valid. Its quite possible for ex-pats to find themselves legally intestate if Wills haven`t been properly executed. Say, one has been unintentionally revoked and the other doesn`t meet the validity requirements.

I think making a Will is the kindest thing a person can do for their loved ones during their lifetime, clarity in a time of bereavement is priceless. I think money spent on proper legal advice at the outset will always be cheaper than the money potentially handed over to lawyers later to deal with issues.

Can`t speak for the legal system here though
Thanks for the advice. Sorting out my old UK will is a job I have been meaning to do for a while now. I’ll sort it this summer when back in England. Keeps things right I guess for my wife and kid.

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Re: a new will -a template?

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Post by Trigger »

Brilliant stuff. Thanks Tomsteel.

With regards to the Kojan, I am still waiting for it (lol) so does that mean making a Will is pointless?

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Re: a new will -a template?

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Post by Ozankoy Best Butcher »

Trigger, your prior Will with your ex-partner will be revoked, automatic when you get married in the UK You should both still make one though
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Re: a new will -a template?

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Post by tomsteel »

Trigger wrote:Brilliant stuff. Thanks Tomsteel.

With regards to the Kojan, I am still waiting for it (lol) so does that mean making a Will is pointless?
No, Trigger. Provide whatever details you have. At the time of writing our wills here, we did not have our kocan. We stated the plot and parcelisation numbers, address, plot and house sizes. Iyi şanlar.

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Re: a new will -a template?

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Post by Trigger »

Thanks for all of the advice. Very much appreciated.

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Re: a new will -a template?

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Post by Marisa »

Thank you very much!

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Re: a new will -a template?

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Post by EnjoyingTheSun »

tomsteel wrote:For all posters requesting a will template for the TRNC - please find attached.

THIS IS THE LAST WILL

I, the undersigned: INSERT FULL NAME, holding UK passport number INSERT, hereby declare that this is my Last Will and Testament for any of my possessions located within the Turkish Republic of Northern Cyprus (TRNC).

1. I hereby also revoke all former TRNC Wills and Testamentary dispositions at any time previously made by me.

2. I appoint, INSERT FULL NAME AND PASSPORT NUMBER (hereinafter referred to as “My Trustee”) to be sole Executor and Trustee of this Will.

3. I devise and bequeath all of my possessions in the TRNC, both real and personal of which I possessed and be entitled to at the date of my death or over which I shall have any power or appointment or disposition by Will including:

(a). All my rights to the villa and/or land situated in NAME THE LOCATION AND GIVE FULL DETAILS OF PLOT AND KOCAN NUMBERS/or any immovable property or real estate in Cyprus and/or the TRNC.

(b). All my rights and shares to LIST ANY VEHICLE DETAILS.

(c). All my rights and/or shares to any monies held within the TRNC and/or any monies at any TRNC bank and/or investment companies absolutely to LIST FULL DETAILS OF THE BENEFACTOR. However, should NAME THE BENEFACTOR to predecease me or fail to survive me for 28 days, then I devise and bequeath the followings to the persons stated below in the following shares absolutely:

(1) LIST WHO IS TO GET WHAT.
(2) AS FOR 3(c) (1) ABOVE.
(3) AS FOR 3 (C) (1) ABOVE.

4. Should NAME THE BENEFACTOR to predecease me and my husband/wife INSERT FULL NAME or fail to survive me/him for 28 days then the assets listed above shall be divided equally between my two other children listed at sub para c 2 and 3 above absolutely.

5. Should LIST ANY OTHER BENEFACTORS to predecease me or my husband/wife, they shall forfeit any claim to assets listed above and their share shall be divided equally between their respective children absolutely.

6. My Trustee shall not be personally responsible for any breach of trust whether by way of commission or commission has done or suffered unless it shall be proved that at the time of his behaviour concurrence therein:

(a). He/she was personally conscious that act(s) or default(s) was/were a breach of trust.

(b). Such action(s)/omission(s) was/were done or suffered by his/her ‘mala fide.’

7. My Trustee being a person engaged in any profession or business shall be entitled to charge and be paid all usual and fair professional fees for business transacted time expended and act done by him/her or his/her appointed legal professional in connection with the administration and disposal of my estate. Any money payable under the foregoing provision shall not be subject to abatement by reason of payment of any legacy gift or direction as to the priority of payment of legacies contained under this Will or any codicil hereto and shall be paid free of all deductions.

8. On this ............. day of ............... 20?? I sign this 2 paged document and declare it to be my last Will in the presence of the following certifying witnesses:



THE TESTATOR


......................

Signed in our presence and in the presence of each of us,
and at his/her request and in the presence of each other we
hereto subscribe our names as certifying witnesses thereto:

1. Full Name:........................................... Signature:…………………………………………
Passport No:
2. Full Name:.......................................... Signature:………………………………………….
Passport No:
Would this will need to be lodged with anyone or could it just be stored until need be?

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Re: a new will -a template?

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Post by tomsteel »

EnjoyingTheSun wrote:
tomsteel wrote:For all posters requesting a will template for the TRNC - please find attached.

THIS IS THE LAST WILL

I, the undersigned: INSERT FULL NAME, holding UK passport number INSERT, hereby declare that this is my Last Will and Testament for any of my possessions located within the Turkish Republic of Northern Cyprus (TRNC).

1. I hereby also revoke all former TRNC Wills and Testamentary dispositions at any time previously made by me.

2. I appoint, INSERT FULL NAME AND PASSPORT NUMBER (hereinafter referred to as “My Trustee”) to be sole Executor and Trustee of this Will.

3. I devise and bequeath all of my possessions in the TRNC, both real and personal of which I possessed and be entitled to at the date of my death or over which I shall have any power or appointment or disposition by Will including:

(a). All my rights to the villa and/or land situated in NAME THE LOCATION AND GIVE FULL DETAILS OF PLOT AND KOCAN NUMBERS/or any immovable property or real estate in Cyprus and/or the TRNC.

(b). All my rights and shares to LIST ANY VEHICLE DETAILS.

(c). All my rights and/or shares to any monies held within the TRNC and/or any monies at any TRNC bank and/or investment companies absolutely to LIST FULL DETAILS OF THE BENEFACTOR. However, should NAME THE BENEFACTOR to predecease me or fail to survive me for 28 days, then I devise and bequeath the followings to the persons stated below in the following shares absolutely:

(1) LIST WHO IS TO GET WHAT.
(2) AS FOR 3(c) (1) ABOVE.
(3) AS FOR 3 (C) (1) ABOVE.

4. Should NAME THE BENEFACTOR to predecease me and my husband/wife INSERT FULL NAME or fail to survive me/him for 28 days then the assets listed above shall be divided equally between my two other children listed at sub para c 2 and 3 above absolutely.

5. Should LIST ANY OTHER BENEFACTORS to predecease me or my husband/wife, they shall forfeit any claim to assets listed above and their share shall be divided equally between their respective children absolutely.

6. My Trustee shall not be personally responsible for any breach of trust whether by way of commission or commission has done or suffered unless it shall be proved that at the time of his behaviour concurrence therein:

(a). He/she was personally conscious that act(s) or default(s) was/were a breach of trust.

(b). Such action(s)/omission(s) was/were done or suffered by his/her ‘mala fide.’

7. My Trustee being a person engaged in any profession or business shall be entitled to charge and be paid all usual and fair professional fees for business transacted time expended and act done by him/her or his/her appointed legal professional in connection with the administration and disposal of my estate. Any money payable under the foregoing provision shall not be subject to abatement by reason of payment of any legacy gift or direction as to the priority of payment of legacies contained under this Will or any codicil hereto and shall be paid free of all deductions.

8. On this ............. day of ............... 20?? I sign this 2 paged document and declare it to be my last Will in the presence of the following certifying witnesses:



THE TESTATOR


......................

Signed in our presence and in the presence of each of us,
and at his/her request and in the presence of each other we
hereto subscribe our names as certifying witnesses thereto:

1. Full Name:........................................... Signature:…………………………………………
Passport No:
2. Full Name:.......................................... Signature:………………………………………….
Passport No:
Would this will need to be lodged with anyone or could it just be stored until need be?
Our wills are lodged with our local court (Girne) and it is an easy and inexpensive process. However, I was told this was not required, but if not, how would your executor get a copy if you had not informed him her where the will was?

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Re: a new will -a template?

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Post by EnjoyingTheSun »

tomsteel wrote:
Our wills are lodged with our local court (Girne) and it is an easy and inexpensive process. However, I was told this was not required, but if not, how would your executor get a copy if you had not informed him her where the will was?
Fair point although the thought of leaving clues and tasks might add to the fun and appeals
Thanks for your help

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Re: a new will -a template?

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Post by TAC »

My wife and I had a will prepared by a lawyer which cost £150 each in October this year.
We then had to meet the lawyer at the court which was then waxed sealed and put in the court safe.
The fee from the court which was paid in stamps by the lawyer.
I'm leaving now to go find myself....if I arrive before I get back, please ask me to wait!

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Re: a new will -a template?

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Post by David86 »

To be honest, I do not recommend to use templates for a will preparation. You can miss essential points, especially if you own a property in Northern Cyprus. If you want really make a valid will, just find a good lawyer in Northern Cyprus and use his/her services. Here is an official link where you can find lawyers in TRNC: https://www.gov.uk/government/publicati ... prus-north
My dad's will has been prepared by Peyman Erginel and we did not have any problems with probate.

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Re: a new will -a template?

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Post by pc4854 »

Pointless exercise to put your passport number in your will, unless you carefully store it with your will. The reason being that your passport expires after upto 10 years and then you get another one with a different number. The local authorities here only understand that Turkish passports, when renewed keep the same number, so the British ones cloud the issue with the different number.

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