Our wills and probate lawyer and attorney partners are experts at handling matters concerning your will and inheritance. They have extensive experience preparing wills for Greek and foreign nationals and probating them before the competent Greek court.
If you currently own or are soon to be inheriting Greek assets, it is important to plan how these assets will be handled after you pass away, taking the burden off your loved ones by ensuring the inheritance process is as fast and efficient as possible while they are grieving.
Preparing a will where immovable property and financial assets cross international borders is an intricate process with multiple tax implications. It is essential that you seek legal counsel regarding the drafting of your will, and our partner lawyers and attorneys have more than 25 years’ experience helping our Greek and foreign residents administer their wills.
Our will and probate legal partners and attorneys can assist you with:
- Drawing up a Greek will
- Tax planning for your estate (making it easier on your beneficiaries)
- Advice on your current will, or creating a new one
- Legal and tax advice for beneficiaries
Different types of Greek wills in Greece
In Greece, as per Article 1710 of the Greek Civil Code (GCC), you can distribute your inheritance through a Will. Greek law has several types of wills that can be drafted. Our specialist wills and probate legal partners have experience in all forms of wills in Greece. The three main will types are:
Holographic Greek will
This type of will is handwritten, including the date and signature. It is free to draft, as you are doing it on your own, and can be executed from any country. The will should be entrusted to the right person, and we advise that it is best delivered to a lawyer or attorney specialising in wills and probate, as this person needs to undertake the wills probate at the relevant Greek court, immediately after the testators death. The person in possession of a self-written will is under a duty, the moment they are notified of the testator’s death, to undertake the immediate publication of the will in the First Instance Cory of the last residence of the testator or his or her own. On some occasion, the person in possession of the Will may be living abroad (in America, Australia, Germany, Canada etc). In this situation, the will need to take it to the Head of the Consular Office and proceed from there.
Public Greek Will
This type of will is executed in the presence of a witness a before a Public Notary. As mentioned above, it is best practice to seek a professional will and probate lawyer or attorney, as it will need to be probated before a Greek court. A public Will must contain the following information:
- The date and location of its creation.
- The testator’s personal details and some kind of ID
- All the relevant details of the Notary Publics who are present
- A declaration and confirmation of adherence to relevant Articles.
Secret Greek Will
This document shall be taken to the Notary Public, declaring that it is the deceased’s last will and testament. The Testator must speak to the Notary Public and tell them this. There must also be a number of witnesses present. There are two documents as part of the Secret Will process. The first is the private document which includes the Testator’s last act. The second document is public, and is composed by the notary when their receive the first document (secret will).
Once you have given the Notary Public a Will, when they learn of your death, they are obliged to personally deliver the original copy of the will to a public meeting of the Cort of First Instance. It is then published in that public meeting.
There is an article in the law that states that the Will must be its seals intact, and any person with a legitimate interest in the Will can inspect the seals to ensure they are intact.
The testator must draw up the Will themselves and is not permitted to use a proxy. In addition, in Greece, Will’s are only permitted to be made by a natural person. If a natural person is conceived at the time of the per person’s death may inherit as part of a Will.
Wills for assets in multiple countries
Numerous clients have utilised our international and local Greek wills and probate expertise. Our lawyers and attorneys in Greece have advised clients from countries including America (U.S.A), The United Kingdom, Canada, and Australia on high complexity matters such as multiple wills in multiple countries, along with immovable assets and finances across international borders.
If you have assets in both Greece and a country outside of Greece, it is strongly advised that you create a will in the country of your assets, and a Greek will. This will be highly beneficial, as it prepares you — and your beneficiaries — for differing country laws that may annul another’s will or cause them to interfere with each other.
Our wills and probate experience across Greece
Our partner wills and probate lawyers and attorneys have successfully advised and assisted numerous Greek, Greek expats, and non-Greek clients from all over the world in drafting their wills in Greece. Our partner lawyers and attorneys are wills and probate professionals that can assist you across Greece, in Athens, Thessaloniki, Crete, or any local jurisdiction and courthouse. We communicate with clients globally, including in Sydney, Melbourne, Boston, New York and Montreal.
Contesting a Will in Greece
There is a long and highly complex process to contest a Will in Greece. It is possible, however, deep thought and consideration needs to be given to the cost and length of the process prior to proceeding. In order to contest a Will, you need to file a lawsuit within two years of the Will’s publication date. It needs to be based on the grounds of:
- Mental incapacity
- The will is forced or fabricated
- There was improper influence in the Will process
- The Will fails to meet the required legal standards
There is a long process which may result in the distribution rules determining the dispersal of property and other assets. This involves proving to the court that there is an issue with the rule, expert consultants being engaged to assess mental capacity and/or check and advise on the Will’s authenticity, and finally, the court making a ruling.
As stated earlier, given this is a lengthy and costly, we generally advise that contesting a Will be undertaken where substantial amounts of money are involved and where you have a strong case that can be independently verified. Of course, where a will has been falsified, or signed under the threat of a third party, then contesting a will is the logical course of action.
Of course in a Will, there is the “Nomimi Moira’ provision which limits your ability to disinherit close relatives.
Call our team today to discuss writing a Will that will protect the interests of yourself and your heirs in the future.