Inheritance is a natural extension of life, but it often comes with emotional and legal challenges. In Greece, the law surrounding inheritance issues is complex and family disputes are common. Proper information is the first step in avoiding unnecessary disputes and the Inheritance issues. Let's take a closer look at everything you need to know.
What is considered an inheritance under Greek law?
The inheritance includes all the rights and obligations of the deceased that do not cease on death. In particular, it includes:
- Property (land, houses, plots of land)
- Movable assets (vehicles, jewellery, furniture)
- Monetary amounts, bank accounts
- Rights and entitlements, e.g. rents or shares
- Obligations, such as loans, debts or taxes
Succession can occur either with or without a will, according to the order of kinship established by law.
Forms of wills in Greek legislation
The Greek legal order provides for different forms of wills. Each has its own legal force and procedure:
1. Idiographic will
The simplest form. It is drawn up entirely by the testator's hand, without the intervention of a notary. It must be dated and signed. It is vulnerable to disputes and can easily be lost or destroyed.
2. Public will
It is drawn up before a notary and two witnesses. It is the most reliable and secure form of will. It is kept in public records, so it cannot be lost or destroyed.
3. Secret will
The testator draws it up himself, but files it in camera with a notary in the presence of two witnesses. It is rarely used, but is provided for in law.
In all cases, the accuracy and clarity of the terms is critical, as is the assurance that the testator had full mental clarity at the time of drafting.
What applies when there is no will - Intestate succession
If the deceased has not left a will, his/her estate is distributed to the relatives on the basis of predetermined classes of heirs:
- 1st grade: Children and spouse (spouse receives 1/4 of the property).
- 2nd grade: parents, brothers and sisters and their children.
- 3rd grade: Grandparents.
- 4th grade: Uncles, cousins.
If there are none of them, the property goes to the State. In intestate succession, the will of the deceased cannot be taken into account - that is why a will is always useful, even if there is an "agreement" in the family.
The concept of of legal fate and when it is activated
Η legal fate protects certain relatives, even if the will excludes them. Such relatives are:
- The children of the deceased
- The spouse
- Parents (in some cases)
They are entitled to 1/2 of what they would have received if there had been no will. If the will violates this percentage, they can ask for it to be partially annulled and their legal fate to be restored.
Acceptance or renunciation of inheritance - Deadlines and consequences
The heirs are asked to decide whether or not to accept the inheritance. They have a margin:
- 4 months old from the day they were informed of the death, if they live in Greece
- 12 months old, if they live abroad or the deceased resided permanently outside Greece
Acceptance can be made:
- Explicitly, by notarial deed
- Implicitly, when the heir makes use of the property (e.g. receives rents)
The renunciation is made at the Magistrates' Court and is irrevocable - you can't change your mind afterwards.
What about the deceased's debts?
The inheritance includes the deceased's debts. Therefore, before accepting, it is good to:
- Check if there are any overdue debts
- Request tax and insurance certificates
- Find out about any loans, guarantees, lawsuits in progress
For greater safety, there is the acceptance with the benefit of the inventory. Thus the heir is only liable up to the value of the estate and does not put his own property at risk.
How is inheritance taxed?
The tax is calculated according to:
- The kinship of the heir with the deceased
- The value of the items he inherits
- The existence of exemptions or tax-free thresholds
For example:
- Children have a tax-free threshold 150.000 €
- Other relatives have lower limits (e.g. nephews: €30,000)
The inheritance tax return is made within 6 months old, and requires the issuance of certificate of next of kin and many times topographical for real estate.
Land Registry and titles - What you need to do
If the inheritance includes immovable property, the notarial deed of acceptance must be transferred to the Land Registry or the Land Registry. Otherwise, the heir cannot transfer, sell or rent the property.
Documents required include:
- ENFIA certificates
- Topographical diagrams
- Proof of payment of taxes
Legal disputes - When they arise and how they are handled
Common cases of legal conflicts are:
- Disputes about the validity of wills (e.g. the testator's mental health)
- Questioning of legal fate
- Late disclaimers or payments
- Objections on the size of the property
The resolution of disputes requires judicial intervention and appropriate legal representation, often through years of legal battles.
Inheritance issues with property abroad
In many cases, the deceased has real estate outside Greece, which further complicates the succession process. Greek law provides that movable property (money, cars, etc.) is inherited based on the deceased's place of residence, while immovable property is governed by the laws of the state where it is located.
This means that for a property in Germany, France or the USA, the heir may have to comply with the laws of the country concerned, translate documents, recognise decisions by Greek authorities and pay local taxes. Working with an international lawyer or lawyer experienced in such cases is essential.
Mediation procedure before going to court
From 2021 onwards, in many cases of inheritance disputes, recourse to a mandatory initial mediation session is necessary before filing a lawsuit. Mediation is an alternative way of resolving disputes that is gentler and more cost-effective than going to court.
In this process, the parties involved, with the help of a certified mediator and their attorneys, try to reach a mutually acceptable solution for the distribution of the inheritance, the maintenance or contesting of a will, or the regulation of co-ownership of real estate. In many cases, mediation has a positive outcome, avoiding lengthy legal battles.
Second line of heirs and rights of stepchildren
Apart from biological children and the spouse, Greek law also takes into account other categories of persons in the succession, such as:
- Foster children: They have exactly the same rights as natural children, as long as the adoption is complete and legally registered.
- Ego: They inherit if the children of the deceased have died. Their share depends on the share their parent would have received.
- Conjoining companions: In the case of a cohabitation agreement, the partner is considered the legal heir, but his or her exact position depends on the order of the other relatives and the wording of the agreement.
A clear reference in a will can facilitate such cases, so that there is no doubt about the testator's will.
When to contact a lawyer
The help of a lawyer is essential:
- At drafting of wills, so as to be valid and respectful of the law
- At family dispute resolution without litigation
- At protect your rights when you are wronged or excluded
Especially when there are properties, third parties involved or international actors, the contribution of a qualified lawyer is invaluable.
Conclusion
Inheritance issues in Greece are more complex than they seem. Between wills, kinship classes, tax liabilities and potential debts, it is easy to make costly mistakes. Proper prevention, by drafting a will and obtaining timely legal advice, can prevent future conflicts and ensure that property is distributed as the testator truly wishes.
If you are facing such a process or want to settle your estate now, contact a lawyer with experience in inheritance law. Proper guidance is key to keeping family relationships harmonious and the estate secure.
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