Wills and Probate Lawyers and Attorneys in Greece

Our independent 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 assisting with their publication and administration under the applicable Greek legal procedures. Tsaks Consulting Greece coordinates these services through our network of independent qualified legal professionals.

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 independent partner lawyers and attorneys have more than 25 years’ experience helping Greek and foreign residents prepare and 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

These services are provided by our independent qualified legal and tax partners, with Tsaks Consulting coordinating assistance where required.

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, subject to the applicable inheritance laws. Greek law has several types of wills that can be drafted. Our specialist independent 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, by the testator. It is generally free to draft, as you are doing it on your own, and can be prepared while living in another country, provided the applicable legal requirements are satisfied. The will should be entrusted to the right person, and we advise that it is best to seek assistance from an independent lawyer or attorney specialising in wills and probate, as this person can assist with the will’s publication and subsequent inheritance procedures after the testator’s death.

The person in possession of a handwritten will is under a duty, when notified of the testator’s death, to arrange for its publication without undue delay in accordance with the applicable Greek procedures. The publication of wills in Greece has undergone significant changes, including the introduction of the electronic Register of Wills and a greater role for notaries. The correct procedure depends on the date of death and the applicable transitional rules.

On some occasions, the person in possession of the will may be living abroad (in America, Australia, Germany, Canada, etc.). In this situation, they should seek advice from an independent Greek lawyer or the relevant Greek Consular Office regarding the appropriate procedure for submitting and publishing the will.

Public Greek Will

This type of will is executed before a Notary Public in the presence of the witnesses required by Greek law. As mentioned above, it is best practice to seek advice from a professional independent wills and probate lawyer or attorney, as the will must meet the applicable legal requirements and will need to be published following the testator’s death.

A public will must contain the following information:

The date and location of its creation.
The testator’s personal details and appropriate identification.
All the relevant details of the Notary Public and witnesses who are present.
A declaration and confirmation of adherence to the relevant articles of Greek law.

Secret Greek Will

This document is taken to the Notary Public, with the testator declaring that it contains their last will and testament. The testator must communicate this declaration to the Notary Public in accordance with the applicable legal requirements. There must also be the required 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 wishes. The second document is public and is prepared by the notary when they receive the first document (secret will).

Once you have given the Notary Public a will, when they learn of your death, they are required to arrange for its publication in accordance with the applicable legal procedures. Under the current Greek framework, the electronic Register of Wills and notarial publication procedures play an important role, subject to transitional provisions.

There are provisions in the law concerning the condition and integrity of the sealed will, and persons with a legitimate interest may be entitled to raise concerns regarding its authenticity or validity.

The testator must make the will themselves and is not permitted to use a proxy. In addition, in Greece, wills are only permitted to be made by a natural person. A natural person who has been conceived at the time of the deceased person’s death may also inherit, subject to the applicable legal requirements.

Wills for Assets in Multiple Countries

Numerous clients have utilised the international and local Greek wills and probate expertise of our independent professional partners. Our independent lawyers and attorneys in Greece have advised clients from countries including America (U.S.A.), the United Kingdom, Canada and Australia on highly complex 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 seek specialist legal advice on whether you should create a will in the country of your assets and a separate Greek will. This can be highly beneficial, as it prepares you — and your beneficiaries — for differing country laws that may affect another country’s will or cause the wills to interfere with each other. Any separate wills should be carefully coordinated by independent qualified legal professionals to avoid unintended revocation or conflicting provisions.

Our Wills and Probate Experience Across Greece

Our independent partner wills and probate lawyers and attorneys have successfully advised and assisted numerous Greek, Greek expat and non-Greek clients from all over the world in drafting their wills in Greece. Our partner lawyers and attorneys are independent wills and probate professionals who can assist you across Greece, in Athens, Thessaloniki, Crete or any local jurisdiction and courthouse, where required. 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, careful thought and consideration need to be given to the cost and length of the process prior to proceeding. Depending on the legal grounds for the challenge, specific time limits may apply. For example, certain actions seeking annulment of a voidable will may be subject to a two-year limitation period following publication, although different rules may apply to other forms of challenge and under recent legislative changes. It is important to seek independent legal advice promptly.

A challenge may be based on grounds including:

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 lengthy 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 will, 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 can be lengthy and costly, our independent legal partners generally recommend carefully considering the merits of contesting a will, particularly 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, contesting a will may be an appropriate course of action, subject to independent legal advice.

Of course, in a will, there is the “Nomimi Moira” provision (νόμιμη μοίρα), which protects certain close relatives through statutory inheritance rights and may limit your ability to disinherit them, subject to the applicable provisions of Greek inheritance law.

Call our team today to discuss arranging assistance from our independent wills and probate lawyers and attorneys to prepare a will that will protect the interests of yourself and your heirs in the future.

Important Information

Tsaks Consulting Greece is a business consultancy with an office in Athens. We provide consultancy, administrative assistance, professional introductions and coordination with independent qualified lawyers, accountants, tax advisers, notaries and other professionals. We are not a law firm or accounting practice and do not provide regulated legal or tax advice. Legal representation, drafting of wills, probate, inheritance proceedings and specialist tax advice are provided by appropriately qualified independent professionals. Information on this website is general in nature and does not constitute legal, tax or accounting advice. Greek inheritance laws and procedures may change, and individual circumstances should be assessed by an independent qualified professional.