Inheritance
Inheritance Law in Greece for International Succession Cases
According to Greek Inheritance law, the children and the spouse are entitled to inherit a part of the legacy, regardless of the conditions imposed by a will. If the deceased has not left a will, the heritage is divided among their closest relatives.
In the case of a heritage that involves beneficiaries from different countries, then heirs and relatives have to deal with some complicated issues. The most crucial question that would sort out all the inheritance procedural steps to be answered is “Which is the law applicable?”
According to present Inheritance laws in Greece, the deceased’s nationality at the time of his/her death is the critical point for the entire procedure. If the deceased had a Greek nationality, then succession is regulated by Greek law with a time limit for renouncing an estate, methods for estate acceptance, capacity to inherit…
Special Characteristics of the Greek Inheritance Law
Relatives who are legal heirs are grouped into “classes” as defined in the Greek Civil Code.
- 1st class heirs are the deceased’s descendant relatives (i.e. his/her children). If the deceased did not leave a surviving spouse (who would inherit ¼ of the estate either way), the descendants are the only heirs. The deceased’s estate is distributed per stirpes among the 1st class heirs. Children will inherit the estate in equal portions.
- 2nd class heirs are the deceased’s parents, his/her siblings (who inherit equal parts of the estate), their children, and the grandchildren. The latter inherit per stirpes. Children of any pre-deceased brother /sister exclude any grandchildren from their inheritance rights.
- 3rd class heirs are grandparents of the deceased or their children or grandchildren
- 4th class heirs are great-grandparents of the deceased
- Matrimonial law: A spouse does not belong in any of the above classes as he/she is not a relative of the deceased. A spouse is a legal heir and if he/she inherits along with first-class heirs, then his/her portion reaches ¼ of the estate, regardless of the number of children. If the spouse inherits along second, third, and fourth class heirs, his/her portion of the estate reaches ½
- 5th class– Exclusive spouse’s succession right, if there are no other relatives, a spouse is a sole heir.
- 6th class heir is the Greek State if there are no other relatives of any of the above classes or a spouse, at the time of the devolution of inheritance.
Renouncing an Inheritance in Greece: Timeline, Consequences, and Procedures
Heirs have the right to renounce an inheritance within a certain timeline. If this timeline passes without the heir making use of his/her right, then it is assumed that the heir has accepted the estate.
The Greek State is excluded from this provision. It cannot renounce an inheritance. The renouncement of succession is a unilateral declaration that is free of terms and clauses, has a certain format, and it cannot be recalled. It defines that the temporary heir does not wish to accept the share. The heir, is obliged to submit the renouncement declaration in-person or can be filed by a third party on behalf of the heir, provided a certified “Special Power of Attorney” is produced. This POA goes to the Court clerk.
Timeline: A heir should submit the renouncement within 4 months, from the time of inheritance devolution. This deadline expands to 12 months if the deceased’s last domicile was abroad, or if the heir was living abroad when he/she became aware of the estate.
Consequences: In renouncements, it is assumed that the devolution of the succession never took place. Heirs who renounce are considered as having never been an heir. Consequently, the share would be devolved to that person who would be an heir.
Preparation of specific certificates and filing at various registries is required. Depending on the situation, to legally exercise any rights, you must first legalize desired choices. An appointed beneficiary, an heir, or claiming stake, all documents prepared are filed at the respective Courts.
Trusted, Experienced Inheritance Law in Greece
Our team of legal consultants offers a complimentary consultation. Don’t let complicated inheritance matters overwhelm you, our team is compassionate and approachable, committed to discovering a resolution that benefits you in the most effective way possible. Call us at +30 210 6134 665 today to schedule an appointment. If you prefer communication via email, you can complete the online contact form and one of our legal representative in Greece will get in touch based on your availability.
