Our network of independent English- and German-speaking Greek inheritance and estate planning lawyers is experienced in helping expats and overseas residents navigate Greece’s inheritance laws. Our legal partners have a combined 20 years’ experience practising inheritance law and understand the procedural as well as legal aspects of inheriting property and other wealth in Greece. Our independent 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 independent Greek inheritance attorneys have helped expats from Canada, America, the UAE, South Africa, Australia and Germany navigate their inheritance issues and personal financial affairs.
Through our consultancy services and independent professional network, we have assisted grieving family members from across the globe in coordinating the settlement of their deceased loved ones’ estates, including accessing specialist advice on the applicable tax implications.
Our independent Greek inheritance law partners provide advice and assistance on:
- Inheritance law issues in Greece, including receiving an inheritance.
- Inheritance proceedings in Greece.
- Assisting international clients with inheritance matters pertaining to Greece.
- Explaining your Greek inheritance rights regarding succession.
- Acquiring relevant certificates for your inheritance case.
- Accepting or renouncing an inheritance.
- Inheritance tax-related issues in Greece and internationally.
- Legal representation regarding inheritance disputes.
Some common questions and general commentary, rather than 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 you think you are entitled to inherit property or other wealth in Greece and there is no will involved, there is a legal procedure. Under Greek intestate succession rules, potential heirs are generally considered in the following six classes:
- Children and grandchildren of the deceased, with grandchildren inheriting in the circumstances provided by law.
- Parents and brothers and sisters of the deceased, and their descendants where applicable.
- Grandparents and their descendants, subject to the relevant succession rules.
- Great-grandparents.
- The surviving spouse, where applicable under the relevant succession provisions. Separate rules also govern the spouse’s inheritance rights alongside relatives in the earlier classes.
- The Greek state, where there are no eligible heirs.
When there is a will in place and the will gives money or property to another party rather than the spouse, children or parents, certain close relatives may have a right to a reserved inheritance share known as “Nomimi Moira”. This generally corresponds to half the share they would have received under intestate succession, subject to the applicable legal provisions.
Our independent legal partners here at Tsaks Consulting can assist you in navigating your inheritance affairs. If there is no will in place, there is a legal procedure through which the money and property are distributed accordingly.
What Is the Process for Claiming Inheritance in Greece?
In order to claim an inheritance in Greece, you generally need to:
- Gather the required documents, such as the death certificate, inheritance declaration, deed of acceptance and inventory, where applicable.
- Establish whether the estate includes debts or other liabilities and obtain legal advice on how these may affect your inheritance.
- Consider whether acceptance with the benefit of inventory may provide protection in relation to inherited debts, subject to the relevant legal requirements.
- Carry out the legal and administrative process for claiming the inheritance, as explained further below.
Tsaks Consulting can assist with documentation collection and administrative coordination, while our independent legal and accounting partners advise on the applicable requirements.
How Is the Concept of Nomimi Moira Different From Other Countries, and What Is It?
When we talk to our clients from Australia, America and Canada, they are often surprised by the concept of “Nomimi Moira”. This is because it limits the right of a testator to dispose of their estate or assets entirely freely. The law is intended to safeguard certain close relatives and spouses and ensure they receive a minimum share of the estate.
Article 1825 of the Greek Civil Code contains provisions relating to the reserved inheritance share of eligible close relatives. In general, the minimum share corresponds to half of what the eligible relative would have inherited if the deceased had not made a will. However, gifts or other contributions made during the deceased’s lifetime may affect the calculation, depending on the circumstances.
The concept of Nomimi Moira can be relevant in situations involving:
- Testate succession: Where a will exists but an eligible relative receives less than the reserved share to which they may be legally entitled.
- Intestate succession: Where the calculation of inheritance rights and any relevant lifetime transfers raises questions concerning the protection of eligible heirs.
Our independent inheritance lawyers can assess whether these provisions apply to your circumstances.
Is It Possible to Disinherit a Relative?
Under Greek inheritance law, the ability to disinherit an eligible relative is restricted. Disinheritance may be possible only where specific legal grounds and requirements are satisfied.
A relative who believes their reserved inheritance rights have been infringed may be entitled to pursue a legal claim. In certain circumstances, gifts made during the deceased’s lifetime may also be relevant when calculating or protecting the reserved inheritance share.
Our independent legal partners can advise on the circumstances in which disinheritance is permitted and the rights of relatives who may wish to contest a will.
If I Am a Different Nationality, Such as German or American, How Does Greek Inheritance Law Apply to Me?
Firstly, you should speak with an independent qualified lawyer if you are a dual national, such as Greek Australian, Greek American or Greek Canadian, and are looking to prepare a will.
Cross-border inheritance matters can involve different national laws, particularly where the deceased held multiple citizenships, lived outside Greece or owned property in more than one country. European succession rules, including Regulation (EU) No 650/2012, may also affect which country’s law applies.
Habitual residence and, in certain circumstances, a valid choice of applicable law can be important considerations. The location of assets, including property in Greece, may also affect the administrative procedures required to transfer those assets.
Each individual situation needs to be investigated by an appropriately qualified independent legal professional.
Greek inheritance law also provides strict deadlines for renouncing an inheritance. In certain circumstances involving a deceased person or heir living overseas, the applicable period may be one year rather than the standard four months.
There is a significant risk for Greek nationals and other beneficiaries living overseas because an inheritance may include debts or other obligations. It is important to obtain independent legal advice promptly to establish the applicable deadline and understand the available options.
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 network of independent English-speaking inheritance lawyers in Greece can assist you with your inheritance legal needs, while Tsaks Consulting provides administrative coordination and documentation support.
Usually, where an independent lawyer or other appropriately authorised professional is acting for a client overseas, a power of attorney may be required. This can involve property, shares and other assets.
Once the necessary authorisation has been arranged, your appointed independent professional can undertake the relevant legal tasks on your behalf. Tsaks Consulting can assist with coordinating communication, documentation and the overall administrative process.
What Is the Process for Transferring a Property Into Our Name From a Relative in Greece Who Has Passed Away? 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 whether a will exists and gain an understanding of the size of the estate, its approximate total value and whether there are any debts. Searches may be required using the deceased person’s identifying information, such as their date of death, last residential address and other relevant details.
To identify who is entitled to an inheritance, family records are often required. These can establish marital status and relevant relatives, including children and parents. In Greece, the family register, known as the “oikogeneiaki merida”, is maintained by the relevant municipality.
Secondly, you need to obtain the relevant inheritance certificates and complete the legal process for accepting the inheritance.
Where inherited real estate is involved, this may require signing a notarial deed of acceptance before a Greek notary. Supporting documents may include a power of attorney, an AFM Greek tax identification number and other relevant certificates. A qualified civil engineer may also be required to prepare or certify certain property documentation.
Finally, you need to take the necessary steps to register the inherited property in your name. This can involve official translations, certifications, tax declarations and registration with the relevant Greek property registry.
Our consultancy team can coordinate these administrative steps with your appointed independent lawyer, notary, accountant and other professionals.
What Is the Certificate of Succession (“Klironomitirio”)?
On some occasions during the inheritance process, a certificate of next of kin may not be sufficient or available, and a specific certificate may be required to establish inheritance rights.
A Greek certificate of succession, known as a “klironomitirio”, can provide formal evidence of a person’s status as an heir and their relevant inheritance rights.
European Regulation (EU) No 650/2012 also provides for a European Certificate of Succession, which may be used in qualifying cross-border inheritance matters within participating EU member states.
Our independent legal partners can advise on whether a Greek certificate of succession or European Certificate of Succession is appropriate for your circumstances.
Complexities of Greek Inheritance Law for International Beneficiaries
Dealing with the death of a loved one is hard enough. Our network of independent inheritance lawyers and attorneys understands that you need someone you can put your confidence in to settle your loved one’s final wishes according to Greek inheritance laws, which may differ from the inheritance laws of other countries.
These differences can make the process complicated when planning for the estate you are inheriting, particularly in cases involving immovable Greek assets.
If you need a Greek lawyer who helps expats in Greece, our independent inheritance attorneys have experience with international inheritance proceedings. Tsaks Consulting can assist with coordinating documentation and communication between you and the relevant professionals.
Accepting or Renouncing an Inheritance in Greece
According to Greek inheritance law, the rules and timeframes for accepting or renouncing an inheritance depend on the circumstances.
Generally, a beneficiary has four months to renounce an inheritance, although a longer period may apply in certain international circumstances, including where the deceased or beneficiary was living overseas.
Matters can be far more complex where the deceased’s last residence was overseas or the beneficiary learns of their loved one’s passing while living internationally.
Our independent inheritance law partners have experience assisting with accepting and renouncing inheritances in Greece, whether you’re located in the country or overseas.
You should not ignore an inheritance or assume that taking no action will protect you from potential debts. If the applicable renunciation deadline passes, legal consequences may arise, including the possibility of being treated as having accepted the inheritance.
If there is money in a bank account, our independent inheritance law partners can assist with the legal discovery process to establish what funds or other assets may be held in the deceased’s name.
Through appropriately authorised independent professionals, searches can also be undertaken at the Greek Land Registry to establish whether properties are registered in the deceased’s name and, where appropriate, arrange for an assessment of their value.
What Is the Process for Claiming Inheritance in Greece?
In order to claim inheritance in Greece, you generally need to:
- Gather the required documents, such as the death certificate, inheritance declaration, deed of acceptance and inventory, where applicable.
- Establish whether the estate includes debts and obtain advice on the legal consequences of accepting the inheritance.
- Consider whether acceptance with the benefit of inventory is appropriate as a protective mechanism in relation to debts.
Our independent legal partners can advise on the required process, while Tsaks Consulting can assist with administrative coordination and documentation.
Inheriting Greek Real Estate
If the deceased has left real estate or other immovable property as part of the inheritance, an Acceptance of Inheritance Deed may need to be executed before a Greek notary and registered with the relevant Greek Land Registry or Cadastre.
Similar to other areas of estate law in Greece, inherited real estate has tax implications. An assessment of the property’s taxable value may be required, and the relationship between the beneficiary and the deceased can influence the applicable inheritance tax treatment.
Our independent inheritance lawyer and attorney partners have experience with real estate and other immovable assets inherited in Greece.
Our network of independent property lawyers works closely with inheritance law specialists to manage the legal aspects of inheriting property. Greek property laws can be complex, particularly where an estate includes bank accounts, shares, intellectual property and real estate.
Where disputes arise with other potential heirs or there are debts associated with the property, our independent legal partners can provide specialist advice and representation.
Tsaks Consulting can coordinate the documentation and administrative process between the relevant professionals.
Inheritance Tax in Greece
Beneficiaries are generally required to file an inheritance tax declaration within the applicable statutory deadline. Depending on the circumstances, the deadline may be six months or twelve months, particularly where the deceased or beneficiaries were living overseas.
The precise deadline and the event from which it is calculated should be confirmed by an independent qualified accountant or tax adviser.
Tax obligations for Greek inheritance are subject to an assessment of the estate’s taxable value, which is also influenced by the beneficiary’s relationship to the deceased, such as spouse, child or grandchild.
Our independent inheritance lawyer and accounting partners specialise in the legal and taxation implications of Greek inheritance matters.
Our independent legal partners work closely with qualified accountants and tax advisers within our professional network to assist clients with inheritance taxation matters.
Greek inheritance tax legislation provides different categories of beneficiaries, with the applicable tax treatment depending on the relationship to the deceased.
Category 1
This generally covers close family members, including spouses, children and certain other direct descendants and ascendants. A specific tax scale applies to this category, which our independent tax advisers can explain to help you understand your obligations.
Category 2
This category includes certain other relatives, such as siblings and other family members specified under the relevant legislation. Different inheritance tax rates and thresholds may apply.
Category 3
This category generally includes beneficiaries who do not fall within the first two categories. Specific inheritance tax rates and thresholds apply.
Our consultancy team can coordinate access to independent accounting and taxation professionals who can assess the relevant category and applicable requirements.
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 calculated, the objective value of the real estate may be used to determine the property’s taxable value.
To calculate objective value, a range of factors is taken into consideration, such as the size of the property, whether it is a house, apartment or land, its location, age, floor level and other relevant characteristics.
Official valuation tables and calculation methods are used to establish objective values.
Our independent accountants, tax advisers and property professionals can assist with the relevant calculations and documentation.
Defining Your Inheritance
Generally speaking, Greek inheritance law recognises different forms of wills, including:
- A handwritten will.
- A notarised will.
- A secret will.
The legal requirements and availability of these forms should be confirmed under the legislation applicable at the time the will is prepared.
Often, heirs living overseas, such as in Germany, Australia, America and Canada, inherit properties in Greece. When they inherit properties, the assets need to be identified, located and transferred to them under Greek law and relevant regulations, with taxes paid as required.
Our independent legal partners can advise on estate planning and inheritance arrangements, while Tsaks Consulting assists with administrative coordination.
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, coordinate their inheritance affairs, including passing on property and wealth to children, family members and other loved ones.
Based on the Greek Civil Code, including Articles 1710–2035, Greece’s inheritance laws differ from English, American, Australian and Canadian inheritance frameworks, laws and regulations.
Our independent 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 an experienced and reliable inheritance lawyer is crucial when dealing with inheritance law outside your own jurisdiction.
If you are looking for a lawyer or attorney who speaks English and deals with inheritance law in Greece, or alternatively, advice on contesting a will, inheriting property or understanding the international tax implications of inheritance, our network of independent lawyers is ready to assist.
We can also coordinate access to independent legal and taxation professionals for related matters, such as property transfers and tax filings, so your family affairs are well managed.
Our network of Athens-based independent lawyers provides inheritance law advice and legal representation for international clients in Greece and overseas, including the USA, Canada, Australia, the UK and other countries.
Our independent inheritance law experts work closely with qualified tax advisers to provide advice appropriate to your circumstances.
When you are looking to undertake cross-border estate and inheritance planning, our team can coordinate communication with your accounting and legal teams in other countries to help achieve an efficient and coordinated outcome.
We specialise in providing consultancy and administrative coordination for foreigners, expats, international clients and non-residents dealing with Greek inheritance matters. Through our independent legal network, clients can access specialist advice on inheritance disputes, estate administration and compliance with Greek inheritance tax requirements.
About Our Professional Network and Important Information
Tsaks Consulting Greece is a business consultancy assisting international clients with Greek inheritance, estate administration, property transfers and related administrative matters. We provide consulting, documentation support and coordination services directly and work with a network of independent lawyers, accountants, notaries and other qualified professionals who provide specialist services.
Tsaks Consulting is not a law firm or accounting practice and does not directly provide regulated legal, accounting or taxation advice. These services are provided by appropriately qualified independent professionals.
Information on this website is for general purposes only and does not constitute legal, accounting or taxation advice. Greek inheritance laws, tax requirements and administrative procedures may change. We recommend seeking advice from appropriately qualified independent professionals before making inheritance or estate planning decisions.