Vorbehalte und Erklärungen für Vertrag Nr.077 - Übereinkommen über die Schaffung eines Systems zur Registrierung von Testamenten

Art der Erklärung : Obrigkeiten
Datum 17/10/2019

Zypern

Declaration contained in a letter from the Permanent Representative of Cyprus, dated 11 October 1982, registered at the Secretary General on the same day - Or. Engl.

a. Name and nature of the Body nominated under Article 2 of the Convention:

The name of the body is the "Principal Probate Registry".

Nature of the Body : It has been established under the Administration of Estates Law, Cap. 189 and it is housed at the Supreme Court Registry. It is headed by the Chief Registrar of the Supreme Court who is directly responsible to the Supreme Court. Its main functions under this Law are :

1. to keep an alphabetical list of all applications for letters of administration or for probate of wills of deceased persons, made in the District Probate Registries of Cyprus;

2. to keep a register and alphabetical index of persons who have deposited their will in the District Probate Registries;

3. to prepare an annual calendar of the grants made in the District Probate Registries, containing a note of every probate or administration with the will annexed and of every other administration granted within the period specified in the calendar setting forth the date of the grant, the registry in which it was made, the name, in alphabetical order, and the place and time or death of the testator or intestate, the names and description of the executors or administrators, and the value of the estate, if any;

4. to reply to requests for information regarding deposit of wills and other matters regarding administration of estates;

5. to supervise administration of estates in the District Probate Registries.

b. Name and nature of the Body nominated under Article 3 of the Convention:

It is the same body as the one nominated under Article 2.

c. Fees payable for furnishing information by the nominated body:

The question of fees appears to be a matter of legislation because it seems that they do not come within the ambit of Article 163.2(1) of the Constitution, in which case the Supreme Court might have been able to make Rules prescribing the appropriate fees. It is submitted, however, that the fee of £2 provided by item 1 of Appendix B of the Administration of Estates (Amendment) Rules, 1978, is a proper fee.

d. Fees payable for furnishing information by the nominated body:

The answer to this query is the same as the one given with respect to c but it is submitted that the fee of .500 mils provided by item 3 of the above Rules is a proper fee.

e. Average monthly or annual number of wills registered:

The average number of wills deposited by non-Cypriot citizens is 15. (The average annual number of wills registered by Cypriot citizens is about 300).

f. Average monthly or annual number of requests for information:

The number of requests for information regarding wills in general is very small - 2 to 3 a year.

g. Possibility of extending the system of registration of wills as provided by Article 11 of the Convention:

There is a possibility of extending the system of registration of wills as provided by Article 11 of the Convention.
In Kraft: 11/10/1982 -
Artikel betroffen : 11, 2, 3


Quelle : Vertragsbüro auf http://conventions.coe.int - * Disclaimer.