{"id":18631,"date":"2024-04-15T13:15:48","date_gmt":"2024-04-15T10:15:48","guid":{"rendered":"https:\/\/lawgr.eu\/klironomiko-dikaio\/"},"modified":"2024-11-21T13:09:58","modified_gmt":"2024-11-21T11:09:58","slug":"klironomiko-dikaio","status":"publish","type":"page","link":"https:\/\/lawgr.eu\/en\/tomeis-ekseidikeusis\/klironomiko-dikaio\/","title":{"rendered":"INHERITANCE LAW"},"content":{"rendered":"\t\t
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INHERITANCE LAW<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t
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  1. Succession<\/b><\/li><\/ol>

    Succession refers to the legal process by which the rights, property, and obligations of a deceased person are transferred to their heirs or beneficiaries. It can be testamentary (following a will) or intestate (following the laws of inheritance when there is no will).<\/span><\/p>

    1. Inheritance<\/b><\/li><\/ol>

      Inheritance refers to the assets (property, money, etc.) or obligations that are passed down to heirs or beneficiaries after someone\u2019s death.<\/span><\/p>

      1. Acceptance of Inheritance<\/b><\/li><\/ol>

        This is the act of an heir agreeing to accept the inheritance. By accepting, the heir becomes responsible for both the assets and debts of the deceased.<\/span><\/p>

        1. Acceptance with the Benefit of Inventory<\/b><\/li><\/ol>

          An heir who accepts inheritance with the benefit of inventory limits their liability to the value of the assets they inherit. This means they are not responsible for paying debts beyond the value of the inherited estate.<\/span><\/p>

          1. Disinheritance<\/b><\/li><\/ol>

            Disinheritance occurs when a person, typically through a will, explicitly excludes an heir (often a close family member like a child or spouse) from receiving any inheritance.<\/span><\/p>

            1. Renunciation of Inheritance<\/b><\/li><\/ol>

              This refers to the formal act of an heir refusing to accept an inheritance, typically to avoid inheriting debts or to pass the inheritance on to other heirs.<\/span><\/p>

              1. Hereditary Unworthiness<\/b><\/li><\/ol>

                Hereditary unworthiness refers to situations where a person is disqualified from inheriting, usually due to actions like committing a crime against the deceased or acting in bad faith regarding the deceased\u2019s estate.<\/span><\/p>

                1. Intestacy of Inheritance<\/b><\/li><\/ol>

                  This refers to the situation where a person dies without leaving a valid will. In such cases, the inheritance is distributed according to the rules of intestate succession, which vary depending on the jurisdiction.<\/span><\/p>

                  1. Contribution<\/b><\/li><\/ol>

                    In inheritance law, contribution can refer to the requirement that heirs contribute to settling the debts of the deceased proportionally, based on what they inherit.<\/span><\/p>

                    1. Forced Succession<\/b><\/li><\/ol>

                      Forced succession refers to legal rules that guarantee certain heirs, such as spouses or children, a minimum share of an estate, regardless of what is stated in the will.<\/span><\/p>

                      1. Incapacity to Make a Will<\/b><\/li><\/ol>

                        This refers to a situation where a person is legally unable to make a valid will due to reasons such as mental incapacity or being a minor.<\/span><\/p>

                        1. Types of Wills<\/b><\/li><\/ol>

                          There are several types of wills, such as:<\/span><\/p>

                          • Holographic will<\/b>\u00a0(written entirely by the testator in their handwriting)<\/span><\/li>
                          • Notarial will<\/b>\u00a0(drafted and signed in front of a notary and witnesses)<\/span><\/li>
                          • Oral (nuncupative) will<\/b>\u00a0(spoken, often in front of witnesses, in emergency situations).<\/span><\/li><\/ul>
                            1. Content of a Will<\/b><\/li><\/ol>

                              A will typically includes the distribution of assets, appointment of executors, guardians for minor children, specific bequests, and instructions for how to settle debts and taxes.<\/span><\/p>

                              1. Conditions for the Validity of the Content of a Will<\/b><\/li><\/ol>

                                For a will to be valid, it usually needs to meet conditions like being written by someone of sound mind, following legal formalities (e.g., signatures, witnesses), and expressing clear intentions.<\/span><\/p>

                                1. Invalid Wills<\/b><\/li><\/ol>

                                  Wills can be declared invalid if they don\u2019t meet legal requirements, were made under duress or fraud, or if the testator lacked mental capacity when creating it.<\/span><\/p>

                                  1. Revocation of a Will<\/b><\/li><\/ol>

                                    A will can be revoked or amended by the testator at any time before death. Revocation can happen through the creation of a new will, the destruction of the existing will, or through specific legal procedures.<\/span><\/p>

                                    1. Publication of a Will<\/b><\/li><\/ol>

                                      The publication of a will is the formal reading and disclosure of its content after the testator\u2019s death, usually by a court or a lawyer, to inform beneficiaries and heirs.<\/span><\/p>

                                      1. Interpretation of Wills<\/b><\/li><\/ol>

                                        When the terms of a will are unclear or ambiguous, courts may be required to interpret the testator\u2019s intentions based on the language of the will and surrounding circumstances.<\/span><\/p>

                                        1. Scholastic Inheritance<\/b><\/li><\/ol>

                                          This term is less commonly used, but it may refer to inheritance practices based on academic or traditional legal doctrines, often involving religious or cultural norms.<\/span><\/p>

                                          1. Certificate of Inheritance<\/b><\/li><\/ol>

                                            A certificate of inheritance is a legal document issued by a court, confirming the heirs of a deceased person and their respective rights to the inheritance.<\/span><\/p>

                                            1. Clergy Action<\/b><\/li><\/ol>

                                              Clergy action refers to the intervention or role of religious authorities in matters of inheritance, often in communities where religious law governs personal affairs like succession and family matters.<\/span><\/p>

                                              1. Judicial Winding-Up<\/b><\/li><\/ol>

                                                This is the process by which a court oversees the settlement and distribution of an estate, particularly if there are disputes or complications in the administration of the estate.<\/span><\/p>

                                                1. Distribution of Inheritance<\/b><\/li><\/ol>

                                                  This refers to the formal allocation of assets from the deceased\u2019s estate to the beneficiaries or heirs, as determined by the will or intestate succession laws.<\/span><\/p>

                                                  1. Sale of Inheritance<\/b><\/li><\/ol>

                                                    Heirs can sometimes sell their rights to an inheritance before or after receiving it, often to third parties or other heirs who wish to consolidate control over the estate.<\/span><\/p>

                                                    1. Donation Cause of Death (Donation Mortis Causa)<\/b><\/li><\/ol>

                                                      This is a gift given in anticipation of death, which becomes effective only if the donor dies. If the donor survives, the gift may be revoked or canceled.<\/span><\/p>

                                                      \u00a0<\/p>

                                                      According to Greek inheritance law, succession occurs in two ways:<\/span><\/p>

                                                      1. a) Intestate succession<\/b>: This applies when there is no will left by the deceased and concerns the surviving spouse and blood relatives. Heirs are grouped in “classes” based on their proximity to the deceased, with each class taking precedence over the next. The order of inheritance is as follows:<\/span><\/li><\/ol>
                                                        1. Children and descendants of pre-deceased children.<\/span><\/li>
                                                        2. Parents, siblings, and descendants of pre-deceased siblings.<\/span><\/li>
                                                        3. Grandparents or their children and grandchildren.<\/span><\/li>
                                                        4. Great-grandparents.<\/span><\/li>
                                                        5. The spouse inherits along with the first four classes. If inheriting with children, the spouse receives 25%; otherwise, 50%, or 100% if no other relatives exist. The spouse also inherits personal items and household goods, but children’s needs are taken into account.<\/span><\/li><\/ol>

                                                          \u00a0<\/p>

                                                          1. b) Succession by will<\/b>: Greek law recognizes three types of wills:<\/span><\/li><\/ol>
                                                            1. Holographic will<\/b>: Handwritten, signed, and dated by the testator, with no legal formalities.<\/span><\/li>
                                                            2. Public will<\/b>: Declared orally before a notary and three witnesses (or a second notary and one witness).<\/span><\/li>
                                                            3. Secret will<\/b>: Handwritten or typed, given to a notary in the presence of witnesses, with an oral declaration that it is the final will.<\/span><\/li><\/ol>

                                                              All wills must be published in the Magistrate\u2019s Court of the deceased’s last residence.<\/span><\/p>



                                                              <\/p>

                                                              Summary of the Procedure for Establishing an Heir\u2019s Right to Inherit:<\/b><\/p>

                                                              1. Preliminary Actions:<\/b><\/li><\/ol>
                                                                1. Establishing a Will’s Existence<\/b>: Research is conducted using the deceased\u2019s personal details to determine if a will exists. If found, it must be published to proceed with inheritance acceptance.<\/span><\/li>
                                                                2. Family Tree & Heir Identification<\/b>: The deceased\u2019s family tree and marital status must be verified. This is done through the Municipality Registry to identify heirs and determine inheritance shares. A “next of kin” certificate may also be required, issued by the Municipality or Citizen Service Center (KEP).<\/span><\/li>
                                                                3. Registration of Events Abroad<\/b>: For heirs residing abroad, events like births, marriages, and deaths are registered with the Athens Special Registry via the Greek Embassy or a lawyer.<\/span><\/li>
                                                                4. Property Research<\/b>: A search is conducted in the relevant Land Registry or National Cadaster to confirm property ownership and any legal burdens, using either the deceased’s name or the property\u2019s location.<\/span><\/li><\/ol>
                                                                  1. Acceptance of Inheritance:<\/b><\/li><\/ol>
                                                                    1. Finalizing Acceptance<\/b>: The heir must sign a notarial deed before a Notary Public, officially transferring ownership once it is registered in the land registry or cadaster.<\/span><\/li>
                                                                    2. Supporting Documents<\/b>: Documentation includes ownership titles, death certificates, will publications, and certificates proving heirs. Unresolved registrations of births, marriages, or deaths must be completed.<\/span><\/li>
                                                                    3. Tax and Legal Compliance<\/b>: An inheritance tax declaration must be submitted and settled, and tax clearance certificates, such as ENFIA for the last 5 years, must be provided.<\/span><\/li>
                                                                    4. Real Estate Requirements<\/b>: A civil engineer must inspect the property for illegal structures, and a certificate confirming this must be submitted.<\/span><\/li>
                                                                    5. Signing and Registration<\/b>: The inheritance acceptance deed is signed and registered in the relevant land registry\/national cadaster.<\/span><\/li><\/ol>

                                                                      A Power of Attorney can be issued to handle these procedures on behalf of the heir if they are unable to travel to Greece.<\/span><\/p>

                                                                      \u00a0<\/p>

                                                                      Summary: Bank Accounts and Succession in Greece<\/b><\/p>

                                                                      Regarding Bank Accounts<\/b>: If the deceased held bank accounts in Greece, heirs must comply with each bank\u2019s policy to be recognized as beneficiaries. Common documents required include:<\/span><\/p>