Our team of English and German speaking Greek inheritance and estate planning lawyers are experienced in helping expats and overseas residents navigate Greece’s inheritance laws. Our legal partners have a combined 20 years’ experience practicing in inheritance law and understand the procedural as well as legal aspects of inheriting property and other wealth in Greece. Our team of international inheritance lawyers are based in Greece and work closely with legal teams overseas if required.
When a loved one has passed away, understanding your legal rights concerning inheritance law is crucial — particularly when living overseas. Undertaking pre-emptive estate planning is generally recommended. Our Greek inheritance attorneys have helped expats from Canada, America, UAE, South Africe, Australia, Germany and South Africa navigate their inheritance issues and personal financial affairs.
We have assisted grieving family members from across the globe in settling their deceased loved one’s estates, along with managing tax implications that apply.
Our Greek inheritance law services include providing advice on:
- Any inheritance law in Greece issues including receiving and inheritance.
- Inheritance proceedings in Greece.
- Assisting international clients on inheritance matters pertaining to Greece.
- Explaining your Greek inheritance rights regarding succession.
- Acquiring relevant certificates for your inheritance case.
- Accepting or renouncing an inheritance case.
- Inheritance tax related issues, in Greece and internationally.
- Representation regarding inheritance disputes.
Some common questions and general commentary (not legal advice), which our clients often encounter, are provided below:
How does inheritance law in Greece work if there is no Will?
If you are inheriting, or oy think you are entitled to inherit property or other wealth in Greece and there is no Will involved, there is a legal procedure. All legal heirs are firstly separated into the below six classes:
- Children and grandchildren of the deceased. (Grandchildren only apply if the children are deceased)
- Parents and brothers and sisters of the decreased (and their children or grandchildren if they are deceased)
- Grandparents
- Great grandparents.
- Solely the spouse. There are other rules of inclusion for the spouse in the first, second, third and fourth classes.
- The Greek state (assuming no other family at time of death).
When there is a Will in place, and the Will gives money or property to another party and not the spouse, children or parents, then the relatives have a right to “Nomimi Moira”. This is a right to a minimal share, which equals half the inheritance share. Our legal partners here at Tsaks Consulting can assist you in navigating your inheritance affairs. If there is no Will in place, there is a procedure and the money and property are distributed accordingly.
What is the process for claiming inheritance in Greece?
In order to claim inheritance in Greece, you need to:
- Gather a range of documents required such as the death certificate, inheritance declaration, deed of acceptance and inventory.
- The above can also include inheriting debts. These debts are then subtracted from the inheritance you will receive.
- You can ‘conditionally accept’ an inheritance and this acts as a protective mechanism for any debts.
- Carry out the process for claiming the inheritance (more detail provided further in this page).
How is the concept of Nomimi Moira different to other countries and what is it?
When we talk to our clients from Australia, America and Canada, they are often surprised at the concept of “Nomimi Mira”. This is because it essentially limits the right of a testator to dispose of his estate or assets freely as he wishes. The law is put in place to safeguard the testator’s close relatives and spouse and ensure they at least receive some share of their estate.
There are articles in the Greek Civil Code 1825 that ensure that a testator cannot exclude their spouse, children or parents in their will. There must be a part of the testator’s estate which is distributed to them. At a minimum, the amount is half of the share that they would normally be entitled to (assuming that the testator had not written a will). However, if they had granted contributions to them while they were alive, then the amount can be reduced according to these figures. The “Nomimi Mira” applies:
- Testate – this is where had the testator died in intestate, it can apply if the relatives would have inherited, but did not inherit (or inherited less than) their designated share.
- Intestate – this happens when the inheritance is not enough to cover the minimum forced inheritance share / amount, because of actions the deceased undertook whilst living or because of stipulation sin a will.
Is it possible to disinherit a relative?
A testator can only disinherit a relative if the relative has committed a seriously unjust act or lived his or her life in an unethical manner. For example, if there is a divorce, and the spouse responsible for a valid reason. The relative still has the right to claim the percentage missing or the entire minimum amount. In addition, any gifts, given away before their death, can be pursued and claimed back as part of a claim of their minimum forced inheritance.
If I am a different nationality, such as German or American, how does Greek inheritance law apply to me?
Firstly, you need to speak with a lawyer, or our legal team, if you are a dual national (Greek Australian, Greek American, Greek Canadian etc) if you are looking to prepare a will. This is because there is a Greek international law that states that a person’s estate is regulated by the law of the country of his last citizenship. This means, depending on your last citizenship, you may need to create a will in a different country or jurisdiction. Each individual situation needs to be investigated. More recently, European Regulation has an impact on succession in Greece.
Due to the habitual residence of the testator being of influence, the place where the location is physically located is also relevant. For example, if the property is located in Greece, then (subject to different factors), the inheritance is accepted under Greek Inheritance Law.
The inheritance law in Grece provides a period of one year to renounce the rights to a Greek inheritance for citizens who are living overseas (domiciled abroad) or if they were domiciled abroad they found out that the person had passed away and they were therefore entitled to a Greek inheritance. There is a significant risk here for those Greek or other nationalities living overseas. The risk involves inheriting the debts or other obligations for a deceased person. You need to renounce the inheritance within the 1-year deadline in order to mitigate this risk.
Can you help me if I inherit property in Greece and I’m based overseas and can’t make it to Greece? Can you manage my inheritance matters on my behalf?
Yes – our English speaking inheritance lawyers in Greece can assist you with your inheritance legal needs in Greece. Usually, if we are acting for clients overseas, as request a power of attorney from you so that we can act on your behalf. This can involve for property, as well as shares and other assets. Once we have a power of attorney, which you will need to sign and send to our offices, we can carry out the process and ensure you comply with all of the relevant regulations.
What is the process for transferring a property in our name from a relative in Greece who has passed? How much time do we have to manage all of this?
- Firstly, you need to carry out a number of procedural legal steps.
- You need to check if a will exists and then get an understanding of the size of the estate, approximate total value, and look at if there are any debts or not. You can establish if a will exists by using the identification of the data of the deceased person to carry out searches. For example, information such as the date of their death, last residential address and other personal information can be used to establish if they had drafted a well. In order to identify who is entitled to what inheritance, a family diagram is used. This shows marital status and other key relatives including children and parents. In Greece this is called your “oikegeneiaki merida” and it is registered at the relevant Municipality Registry Offices.
- Secondly, you need to obtain the relevant inheritance certificates. You need to officially accept the inheritance. To do this, you need to sign the Notarial Deed in front of the Notary Public. There are a number of supporting documents you will need to do this including a Power of Attorney (PoA) (to authorize the attorney to undertake all the relevant tasks), a n AFM and some other documentation and certificates. A civil engineer (politikos michanicos) will also be needed to sign off the relevant documentation.
- Finally, you need to take the steps to register the estate in your name. This involves certifications, official translations and payment of taxes.
What is the Certificate of Succession “klironomitirio”
On some occasions in the inheritance process, a certificate of next of kin cannot be issued. You need a specific certificate to confirm the right of inheritance. Therefore, a person who is qualified as an heir on the certificate of succession can have the right of inheritance. There is a European Law / Regulation in regard to this, which is which is Regulation (EU) No 650/2012. There is a European Certificate of Succession which can be issued by heirs and is respected and recognised in Greece.
Complexities of Greek inheritance law for international beneficiaries
Dealing with the death of a loved one is hard enough. Our team of inheritance lawyers and attorneys understand that you need someone you can put your confidence in to settle your loved one’s final wishes according to Greek inheritance laws, which are different to the inheritance laws of other countries.
These differences can make the process complicated when planning for the estate you are inheriting; or, in cases involving the inheritance of immovable Greek assets, making matters more complex. If you need a Greek lawyer that helps expats in Greece, our inheritance attorneys are experienced with international inheritance proceedings.
Accepting or renouncing an inheritance in Greece
According to Greek inheritance law (although not applicable in all circumstances), there are no timeframes concerning when a beneficiary can accept an inheritance. However, if you choose to renounce the inheritance, you have a period of four months in which you can renounce it. Matters can be far more complex should the deceased’s last residence be overseas, or the beneficiary learns of the loved ones passing while living internationally. Our inheritance law partners are experienced in all areas of accepting and renouncing inheritances in Greece, whether you’re located in the country, or overseas.
You can’t ignore an inheritance and take no action for years and years. There is a set time limit (usually four months) which you need to work within to identify the extent of the inheritance. If it consists of debts, after a period of time, (sometimes one year if you are domiciled overseas), you will automatically inherit it.
If there is money in a bank account, our inheritance law partners can help you undertake the discovery process to see what money is in what account, and if there are any other assets owned. We can also search the Greek land registry to check if any properties are registered in the deceased’s name, and if so, arrange for an assessment of their value.
What is the process for claiming inheritance in Greece?
In order to claim inheritance in Greece, you need to:
- Gather a range of documents required such as the death certificate, inheritance declaration, deed of acceptance and inventory.
- The above can also include inheriting debts. These debts are then subtracted from the inheritance you will receive.
- You can ‘conditionally accept’ an inheritance and this acts as a protective mechanism for any debts.
Inheriting Greek real estate
If the deceased has left real estate property, or other immovable property in the inheritance, you must execute an Acceptance of Inheritance Deed before a Notary republic, and it is required to be registered by the Greek Land Registry according to the jurisdiction in which the property is located.
Similar to other areas of estate law in Greece, physical real estate that is inherited has tax implications. An assessment of the property’s evaluation is needed, which is acquired by the information of the Public Financial Services of Greece. Also, again, the level of relationship to the deceased will influence the amount of property tax.
Our inheritance lawyer and attorney partners are experts in real estate and other immovable assets that are inherited in Greece.
Our team of lawyers in Greece who specialise in property law generally working with our inheritance law team to manage the inheritance of property. Greek property laws are generally quite complex, as there is a mix of civil law and case law. If an individual passes away, then in addition to bank accounts, shares and any other property (such as IP), the real property becomes part of their estate. Our team of lawyers and attorneys understand the processes involved in real estate inheritance law and can handle he process for you. Where disputes arise with other potential heirs, or there are debts on the property, we can provide advice in these areas.
Inheritance Tax in Greece
Beneficiaries must file an inheritance tax statement within the time limit of six months if they are a resident of Greece, the maximum time to file for beneficiaries living internationally is twelve months. These time limits begin at the time of the deceased’s passing, or according to the probate date in the Greek will.
Tax obligations for Greek inheritance are subject to an assessment of the estate’s tax value, which is also influenced by your level of descendance to the deceased, i.e., spouse, child or grandchild. Our team of inheritance lawyer and attorney partners specialise in the legal and tax implications that are part of Greek inheritance law.
Our partner lawyers work closely with the Tsaks Consulting accounting team to provide advice on tax matters related to inheritances. The law no. 3815/2010 amended article 29 of the code on inheritance, gifts, tax, parental benefits and profits from lottery (law no. 3815/2001). The change in the law has resulted in three categories for the beneficiaries of inheritances:
Category 1: This covers the spouse of the decreased, first degree descendants or second degree blood descendants or ascendants by blood. There is a specific tax scale for Category 1 which our consultants can discuss with you so you understand your tax obligations.
Category 2: This category includes third degree and other degree descendants, second degree ascendants and voluntary or judicially recognised children, siblings and a range of other descendants, blood relatives, step-parents and other stakeholders. Again a specific tax rate applies in this situation.
Category 3: This category includes any other person. There are specific tax rates for this category also.
What is objective value and how does it apply?
Objective value is a term associated with real estate property in Greece. When inheritance taxation is applied. The objective value of the real estate is used to calculate the level of taxation. To calculate objective value, a range of information / factors is taken into consideration such as the size of the property (house, apartment, land etc), the location, the age, the level if it is an apartment and other relevant information that typically dictates the price of property in that area. There are official charts which are used to calculate objective values.
Defining your inheritance
Generally speaking, you have three options to define and outline your inheritance choices:
- A handwritten will
- A notarized will
- A secret will.
Often, heirs living overseas such as in German, Australia, America, and Canada inherit properties in Greece. When they inherit properties, the properties need to be identified, located, probated and transferred to them under Greek laws and relevant Greek regulation with taxes paid as required.
Engaging our services for your inheritance
Call or email our team to discuss your Greek inheritance law issues. We help overseas residents who are Greek Citizens, or who have assets in Greece, to manage their inheritance affairs including passing on property and wealth to children, family members and other loved ones. Based on the Greek Civil Code, Art. 1710 – 2035 – Greece’s inheritance laws differ from English, American, Australian, and Canadian inheritance frameworks, laws, and regulations.
Our inheritance law professionals understand the emotional sensitivities around inheriting a loved one’s estate, as well as the legal implications involved with inheritance law in Greece for international beneficiaries. Having a tried and tested inheritance lawyer is crucial when dealing with inheritance law outside of your own jurisdiction.
If you are looking for a lawyer or attorney that speaks English and deals with inheritance law in Greece, or alternatively, advice on contesting a will, inheriting a property, or gaining an understanding of the international tax implications of inheritance, then our team of lawyers is ready to assist. We can also assist with other legal and taxation related matters such as property transfers and tax filings, so your family affairs are all well managed.
Our team of Athens based lawyers provides inheritance tax legal representation for international clients in Greece and based overseas (USA, Canada, Australia, the UK and other countries). Our team of inheritance law experts work closely with our tax team to provide you optimal advice based on your best interests. When you are looking to undertake cross-border estate and inheritance planning, our team will communicate with your accounting and legal teams in other countries to optimise your outcome.
We specialise in providing legal advice on inheritance law for foreigners, expats, international clients and non-residents, and are also have strong experience providing legal assistance in Greek inheritance disputes for clients overseas as well as ensuring foreign heirs in Greece comply with inheritance tax requirements.