As a rule, not entirely. Cyprus law keeps a portion of the estate for close family that no will can touch. What that means exactly, and what room it leaves.
In Cyprus, testamentary freedom is limited. The Wills and Succession Law, Cap. 195, divides an estate into two parts: the statutory portion, reserved for close family, and the disposable part, which your will can direct wherever you wish.
The size of each depends on who survives you. The most common example is also the most restrictive: where the testator leaves a spouse and a child, the disposable part does not exceed one quarter of the estate. The remaining three quarters belong to the statutory portion, and no wording in a will moves them. The child you wish to disinherit takes their share from there, whether the will says so or not.
What happens to a will that ignores it
A will that leaves everything to one person, where a statutory portion exists, is not invalid. It simply does not achieve what it says: the statutory portion is restored, and the will operates on what remains.
That conflict does not even require an attack on the validity of the will, because the will could never dispose of what was not disposable. Planning therefore does not start from what you want to give. It starts from what is genuinely available, and then directs that, deliberately and cleanly.
The disinheritance the law provides itself
The law does recognise cases in which an heir loses their entitlement, but it keeps them for itself rather than handing them to the testator: they are defined circumstances, not a matter of the testator's displeasure. Disapproval, estrangement and a long silence are not among them.
Where the room actually is
Because the disposable part is what a will controls, the planning that works operates on the size and composition of the estate rather than on the wording of the gift. Lifetime arrangements, how assets are held, and where they are situated all bear on the question, and each carries consequences of its own that have to be weighed rather than assumed.
What does not work is a clause expressing an intention to exclude. It reads as a wish and operates as nothing.
Making an enquiry
Briefly describe your matter and mention any deadline. You do not need to gather documents before getting in touch.
Information we may need later
Once we confirm we can act, we will explain what to provide. The following information is for the subsequent review, not your first message.
Who survives you or the deceased, what the estate consists of and where it is situated, any existing will, and any lifetime transfers already made. The composition of the family decides the arithmetic before anything else is discussed.
The fractions, as the Law writes them
Section 41(1) of the Wills and Succession Law, Cap. 195, gives three cases and three fractions:
- Where the deceased leaves a spouse and a child, or a spouse and a descendant of a child, or no spouse but a child or a descendant of a child, the disposable portion shall not exceed one quarter of the net value of the estate.
- Where the deceased leaves a spouse or a father or a mother, but no child and no descendant of a child, the disposable portion shall not exceed one half.
- Where the deceased leaves neither spouse, nor child or descendant of a child, nor father or mother, the disposable portion is the whole of the estate.
Section 41(2) says what happens when a will exceeds the limit: the disposition is reduced and abated proportionately so as to be confined to the disposable portion. The will is not struck down; the excess is cut back.
Giving it away while you are alive is not always the way out
Section 51 of Cap. 195 is the provision most often overlooked. A child or other descendant who becomes entitled to succeed to the statutory undisposable portion, and to any undisposed part of the estate, brings into account in calculating their share any movable and immovable property received from the deceased at any time by gift inter vivos, under a marriage contract, as dowry, or by donation mortis causa.
What was given to one child during the parent's lifetime is therefore counted against that child's share. A proviso to the same section supplies the only escape: none of it is brought into account if the deceased left a will containing a special provision against bringing it into account. That clause is one sentence, and its absence is why so many lifetime plans land somewhere other than where they were aimed.
Questions we are asked
Exactly how large is the disposable portion?
Section 41(1) of Cap. 195 gives three fractions. With a spouse and a child, or with a child and no spouse, the disposable portion shall not exceed one quarter of the net value of the estate. With a spouse or a parent but no child and no descendant of a child, it shall not exceed one half. With no spouse, no child or descendant of a child and no parent, the whole estate is disposable.
If the will exceeds the limit, is it void?
Not as a whole. Section 41(2) provides that where a person has disposed by will of a part of the estate greater than the disposable portion, that disposition is reduced and abated proportionately so as to be confined to the disposable portion. The excess is cut back; the rest stands.
Does property I already gave a child count?
Yes. Section 51 of Cap. 195 requires a child or other descendant who becomes entitled to the undisposable portion to bring into account, in calculating their share, any movable and immovable property received from the deceased at any time by gift inter vivos, under a marriage contract, as dowry, or by donation mortis causa. A proviso excludes anything the deceased expressly released by a special provision in the will.
Can a will release a gift from being brought into account?
It can, and it is the only escape the Law itself provides. The proviso to section 51 states that no such property is brought into account if the deceased left a will containing a special provision against bringing it into account. The clause is one sentence, and its absence is why so many lifetime plans land somewhere other than where they were aimed.
Can I disinherit my child in Cyprus?
As a rule, not entirely. Cap. 195 reserves a statutory portion for close family that the will cannot dispose of. The child takes their share from that portion whether the will mentions them or not.
How much can I actually leave freely?
It depends on who survives you. In the most common and most restrictive case, where the testator leaves a spouse and a child, the disposable part does not exceed one quarter of the estate.
Is a will that ignores the statutory portion invalid?
No. It is not invalid, it simply does not achieve what it says. The statutory portion is restored and the will operates on what remains, without any need to attack the validity of the document.
Does a clause explaining why I am excluding someone help?
No. The law recognises defined circumstances in which an heir loses an entitlement, and keeps them for itself rather than leaving them to the testator. A clause expressing an intention to exclude reads as a wish and operates as nothing.
Related reading
What a will can and cannot do is set out in making a will in Cyprus, and the two routes for challenging one in contesting a will. The arithmetic can be run in the forced heirship calculator.
This article is for general information only and does not constitute legal advice. Laws and their application can change, and individual circumstances differ. For advice on your own matter, contact Klitos Platis at klitos@kleanthousplatis.com or telephone +357 22 680 330.
Klitos Platis
Advocate, Partner
Kleanthous & Platis LLC, Nicosia · Published 20 February 2026
Need advice on your own matter?
Briefly describe your situation, the people involved and any deadline.
We reply within one business day. We will ask for documents once we confirm we can act.
Receive legal updates by email
When Cyprus law changes, hear it from us
One short email when something changes that matters: new legislation, a decision worth knowing, a deadline. Written by the partners, no marketing, unsubscribe with one click.
You are on the list. The next update on Cyprus law will reach your inbox.
That did not go through. Please write to office@kleanthousplatis.com and we will add you.
Your address is used for these updates and nothing else. Privacy notice.