Greek Inheritance Law, Lawyers Wills, Succession and Probate in Greece

We are well aware that the passing away of a loved one already entails enough trouble, and our task is to avoid adding to it. Therefore, we are used to acting promptly, sensitively and carefully to avoid adding worry to an already delicate moment.

We understand from professional experience the problems that can arise at such a difficult time, and we can also guide you in creating a binding will that truly represents and enforces your last wishes, whether it is a handwritten will, a notarized will, or a secret will.

No matter where you are located or reside, we will help you deal with any matter related to Greek inheritance law and the complexities of acquiring an inheritance in Greece. We have been handling inheritance law in Greece for 20 years and have really strong experience in the field.

International and Greek law of succession

Whereas in the past, the law of the deceased’s nationality at the time of death applied to questions of succession law, with the entry into force of the European Regulation on Succession, the law applied is generally determined by the habitual residence of the testator.

Notwithstanding this, for the acquisition of ownership of individual items of the estate, however, the law of the place where the item is physically located is decisive. If the inheritance includes property in Greece, therefore, the inheritance must be accepted in accordance with Greek inheritance law.

Classes of Heirs

Under Greek inheritance law, if someone dies with no will, or if their will is invalid for any reason, the distribution of their property is governed by legal provisions outlined in the law .

In order to ensure an orderly and equitable distribution of property, Greek law classifies potential heirs into six different categories, known as “classes”, each with its own prescribed rights and priorities in the succession of the estate.

The classes of heirs thus identified range from the closest relatives (spouse, children, grandchildren) to the most distant, including the Greek State in the event that the deceased has no heirs at all.

Will in Greece

There are three primary methods individuals can employ to draft a will and determine their inheritance preferences:

1. Handwritten Will: Individuals can craft a will solely in their handwriting. This approach often provides clarity to the person’s wishes.
2. Notarized Will: For those seeking a formalized method, drafting a will in the presence of a notary, witnessed by three individuals, offers added legal security. This method is advisable for intricate estates or those with several beneficiaries.
3. Secret Will: A unique choice, the secret will permits the testator to entrust their will to a notary. The notary seals and stores the will without knowledge of its contents.

A will in Greece must always be drawn up personally by the testator: there is, therefore, no possibility of a will drawn up by a representative or proxy.

Only a natural person may make a will. In contrast, natural persons already at least conceived at the time of the testator’s death and legal persons already legally established at the time of death may inherit.

If you already have a Will, either in the UK, Greece or both, we can review it for you. We will analyze it from a legal perspective to ensure that it truly conveys your final wishes, and help you understand how it may affect your assets and estate after you pass away.

Contesting a Will in Greece

Contesting a will in Greece is possible but involves a potentially complex process.

It requires filing a lawsuit within two years of the will’s publication date based on mental incapacity, forced or fabricated will, improper influence, or failure to meet legal standards.

Greek law’s distribution rules determine asset dispersal if the court invalidates the will.

Challengers must prove their case, and the court may appoint experts to assess mental capacity or verify the will’s authenticity.

Inheritance with no will in Greece

A deceased person’s property, as well as his debts, is generally inherited by the relatives entitled to it, even if there is no will, according to the provisions of the law.

A person making a will may decide whom to appoint as heir and how to divide his property, provided that these provisions do not conflict with the law and the mandatory portion requirement laid down therein.

If the deceased did not leave a will, the succession is governed by the law, which provides for six categories of heirs, each of which excludes the previous one:

• Children and the grandchildren of the deceased
• The parents, brothers or sisters of the deceased. If they have predeceased, then their children or grandchildren come into the inheritance
• The grandparents
• The Greek Public. If no surviving relatives of the deceased at the time of his or her death, the property is inherited by the Greek Public.

Types of inheritance under Greek inheritance law

The estate may consist of movable and immovable property. Movable property is transferred to the heirs automatically at the time of death. In contrast, immovable property is transferred upon acceptance of the inheritance and registration of the change of ownership in the land register.

Greek inheritance law provides for three types of succession:

• Voluntary succession: it occurs when someone inherits property based on the will expressed in a will;
• Legal succession: it occurs when, in the absence of a will, those entitled inherit according to the provisions of the law;
• Compulsory succession (also known as forced inheritance): it occurs when someone inherits property by their compulsory right to a share of the estate as provided by law.

Waiver of succession in Greece

In Greece, there are strict deadlines within which it is necessary to renounce the inheritance, which vary depending on whether the deceased and the heirs reside within Greece or abroad.

If the deceased and the heirs live in Greece, the period available for renouncing the inheritance is four months. If the deceased or the heirs live abroad at the time of death, the time available is one year.

Once the legal deadline has expired, the inheritance must be accepted under legal regulations.

Real Estate Inheritance in Greece

In Greece, the inheritance of real estate is a complex and highly regulated process that often requires the expertise of a Greek real estate and property lawyer. Greek property laws are rooted in a mixture of civil law and customary practices, making it crucial to navigate the intricacies of inheritance with professional guidance.

When an individual passes away in Greece and leaves behind real estate assets, these properties become part of their estate. The inheritance process involves several key steps, including the determination of heirs, the valuation of the estate, and the distribution of assets, which may include land, houses, or apartments.

A Greek inheritance lawyer expert in real estate inheritance plays a pivotal role in this process by assisting heirs in understanding their rights and obligations, handling the legal documentation, and ensuring compliance with local regulations. They can help navigate potential challenges, such as resolving disputes among heirs, addressing outstanding debts or taxes on the property, and guiding clients through the official inheritance declaration.

Additionally, Greece has specific rules regarding forced heirship, meaning that a portion of the estate must be distributed to specific family members. It is crucial to consult with a legal expert to ensure compliance.

Selling Inherited Property in Greece

To sell an inherited property in Greece, you need to follow a few steps.

Firstly, you must formally accept the inheritance.

Once accepted, it’s essential to settle the inheritance tax, the amount of which depends on your relationship to the deceased and the property’s value.

After these steps, you’ll need to submit the requisite documents to the Land Registry Office.

Engaging with a local legal expert can simplify this process and provide clarity on the varying tax tiers.

What is the inheritance estate tax in Greece?

Inheritance tax in Greece is levied on the value of the assets inherited by the beneficiaries.

Greek inheritance tax is divided into three classes and the tax rate can range from 1% to 40% depending on the relationship between the deceased and the beneficiary.

Close relatives, such as spouses, children and parents, benefit from higher exemptions and lower tax rates, while the last class, which includes all other heirs, has the lowest exemptions and highest tax rates.

Next of Kin Certificate

In Greece, there is no official document called a certificate of next of kin. However, in some cases you may still need to prove that you are a close relative of the deceased, which is what the document is intended for.