Course Code : LAW 325
Course Title : Northern & Southern CYPRUS SUCCESSION LAW
Weekly Teaching Hour: 3-hr.Lecture per week, 1 (1Hr.) tutorial per week
Who may enrol : Optional for Year 3 (Junior) LLB. Students
Prerequisites : N/A
Lecturer : To be announced on August 2020
Course Description: This course aims to: • Explain and evaluate the law relating to succession/inheritance in Northern & Southern Cyprus (primarily the Wills and Succession Law, Chapter 195 of the Laws of Cyprus), • Outline the terminology related to succession/inheritance law in Northern & Southern Cyprus. • Examine the formalities (drafting, execution and revocation) for wills and recognise the important role of such formalities. • Apply succession/inheritance law in relation to different types of assets in Northern & Southern Cyprus (e.g. immovable and movable property); understand the importance of domicile. • Examine the chain of heir ship and the legal entitlement of heirs and third parties. • Introduce students to the procedures for challenging a will. • Acquire the necessary skills for the production/drafting of relevant documentation
COURSE CONTENT 1. Introduction and overview of Northern & Southern Cyprus succession and inheritance law; related terminology. 2. Domicile: definition and scope, methods of identifying domicile. 3. Nationality: definition and scope, methods of identifying nationality; comparison with domicile. 4. Declaring a person as dead person. 5. Chain of heirship: classes of heirs, categorisation, scope of succession/ inheritance rights. 6. Wills: a. use, b. drafting formalities, c. execution and execution formalities, d. revocation and revocation formalities. 7. Legal challenge of a will: who, when and how. 8. Validity and application of a will drafted under Cyprus succession/inheritance law in relation to assets outside Cyprus and/or non-Cypriot heirs and/or settlors 9. Validity and application of a will governed by foreign succession/inheritance law in relation to assets in Northern & Southern Cyprus and/or Northern & Southern Cypriot settlors and/or heirs.
INTENDED LEARNING OUTCOMES On successful completion of this course a student will be able to: 1. Explain and apply the concepts of succession/inheritance law and of the terminology used. 2. Identify: • the domicile and/or nationality of a person • classes of heirs and categorisation • inheritance rights for each class • assets linked to a will and the applicable law for each type of assets. 3. Draft related documentation and meet relevant formalities. 4. Analyse the relationship and interaction between Northern & Southern Cyprus and foreign succession/inheritance law in cases connected to Northern & Southern Cyprus. 5. Challenge or defend the binding nature of a will and analyse procedural issues of Northern & Southern Cyprus succession/inheritance law. 6. Demonstrate enhanced transferable, legal and academic skills
TEACHING METHODS The course will utilise a variety of learning strategies designed to place the student at the centre of the learning process. The course will encourage student learning by participation and independent research as well as developing problem solving and analytical skills. A course handbook will be compiled, consisting of lecture outlines, seminar tasks and further recommended reading. Seminars will take the form of interactive sessions making use of case studies and discussion points to enhance the student’s ability to solve problems and investigate issues. Students will be expected to have independently researched topics for discussion and to come prepared to respond and participate in an open and active discussion of questions and problem scenarios.
Recommended Textbook (s) and Supplementary Books :
Reading lists and other materials will be provided for students registered on the course via online by lecturer.
Class Participation 10%,
Mid-term Examination 30%,
Final Examination 10%,
Attendance 95 % compulsory.