Case notes
Selected decisions from CyLaw, separated from general articles and linked to the full judgment. These notes explain the point; they are not a substitute for reading the decision.
Civil Appeal 78/2014 · ECLI:CY:AD:2021:A347
The Supreme Court distinguished protected heirs under section 41 from relatives who may inherit only on intestacy under section 46. It held that siblings are not protected forced heirs merely because they belong to an intestacy class.
Why it matters: being a potential intestate heir does not automatically create a reserved-share claim against a will.
Read the full judgment on CyLaw(2011) 1 AAD 336 · Civil Appeal 103/2008
The Court interpreted the will as a whole to decide whether cash found in a home passed under a gift of movable property. It also considered an invalid condition attached to a legacy and the court’s power to guide estate representatives.
Why it matters: familiar words can take their meaning from the complete will, its structure and the testator’s apparent plan.
Read the full judgment on CyLawCivil Appeal 388/2014 · ECLI:CY:AD:2023:A126
An estate administrator successfully challenged a lifetime property transfer made through a power of attorney. The appeal concerned evidence of mental confusion, dependency and undue influence; it was not a judgment invalidating the deceased’s will.
Why it matters: an estate dispute may concern a transaction before death, not only the validity or meaning of a will.
Read the full judgment on CyLawNo decisions match. Try another word or show all topics.
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