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Estate planning in Elliniko, Greece covers the legal steps you take to decide how your assets will be managed and distributed after you die and to protect your interests while you are alive. In Greece the basic framework for succession is set by the Greek Civil Code and is applied locally in Elliniko like elsewhere in Greece. Key elements include making a valid will, understanding compulsory-reserve rights for close relatives, dealing with transfer of real estate and other registered assets, and taking account of tax and administrative procedures that apply after death. Notaries and lawyers play central roles in preparing documents and handling transfers, while local land registration authorities and tax offices complete the formal transfer of property and tax clearance.
Estate planning can involve legal, tax and practical issues that are often complex - particularly where there is real estate, business ownership, foreign elements or family disagreements. You may need a lawyer if you:
- Want to draft a will that is valid under Greek law and that respects the rules on compulsory heirs.
- Own property in Elliniko or elsewhere in Greece and need clear title, planned transfers or advice on the Hellenic Cadastre process.
- Are a non-Greek national with assets in Greece or are a Greek national with assets abroad - cross-border succession rules and tax consequences can be complicated.
- Wish to set up arrangements for a family business, gifts during lifetime, or succession that minimizes disputes and tax exposure.
- Face potential contestation of a will, claims by heirs, or creditor claims against the estate.
- Need to complete inheritance tax filings, declarations and property registrations after a death.
Key legal aspects relevant to estate planning in Elliniko include the following.
- Compulsory-heir rules: Greek law reserves a portion of an estate for certain close relatives such as children, spouse and in some cases parents. A testator cannot freely dispose of the entire estate if these compulsory rights apply. The portion that can be freely disposed of is known as the disposable portion.
- Types of wills: Greek law recognises common formal will types, including holographic (entirely handwritten, dated and signed by the testator) and notarial wills prepared by a notary public. Formal requirements must be met for a will to be valid.
- Intestate succession: If there is no valid will, statutory rules determine who inherits. Typically the spouse and children are first in line, followed by other relatives in prescribed order.
- Acceptance or renunciation of inheritance: Heirs may accept or renounce an inheritance. There are mechanisms such as acceptance with benefit of inventory that limit heirs liability for the deceased person's debts to the value of the estate accepted.
- Property transfers and registration: Transfers of real estate require formal instruments and must be registered with the Hellenic Cadastre or the relevant local land registry. Notaries usually prepare and authenticate transfer deeds for immovable property located in Elliniko.
- Taxation: Inheritance tax and other taxes may apply. Heirs usually must file inheritance tax declarations and obtain tax clearance before completing property transfers. Exemptions and rates depend on relationship to the deceased and the value of the estate.
- Cross-border succession: Where assets or heirs are in different countries, EU succession rules and international private law may affect which law governs succession and how assets are administered. Choosing the applicable law may be possible in certain cases and should be handled carefully with specialist advice.
- Role of notaries and lawyers: Notaries prepare and authenticate wills and formal transfer documents for real estate and other registered rights. Lawyers advise on planning, disputes and litigation, and can represent clients in court or before administrative bodies.
At minimum you need to be legally capable and the will must meet formal requirements. For a holographic will you must write it entirely by hand, include a date and sign it. For a notarial will you will attend a notary and follow the formal procedure, usually in the presence of witnesses. A lawyer or notary can confirm the exact documents typically required, such as identification and family status documents, and can help ensure the will is valid and clearly expresses your wishes.
Greek law protects certain close relatives by reserving a portion of the estate for them. This means you cannot fully disinherit compulsory heirs such as children and, in many cases, the spouse. You can affect the disposable portion of your estate but should get legal advice to understand which relatives are protected and how much of your estate you can freely distribute.
If you die intestate the estate will be distributed according to statutory order under Greek law. The spouse and children typically inherit first, then other relatives by degree. Intestacy can lead to outcomes that differ from what you might want, so making a clear will is usually advisable. A lawyer can explain the specific order that would apply to your family situation.
Inheritance tax in Greece depends on the relationship to the deceased and the taxable value of what an heir receives. Exemptions and progressive rates apply in many cases. Heirs must submit inheritance tax declarations and obtain tax clearance before transferring real estate. Because tax rules change and calculations can be complex, consult a lawyer or tax advisor to estimate liabilities and to ensure timely filing.
Transfers of real estate usually require a notarial deed and registration with the Hellenic Cadastre or local land registry. Notaries handle the drafting and authentication of the transfer deeds. Lawyers are helpful to perform due diligence, resolve title issues, prepare tax filings, and represent you if disputes arise. For transactions in Elliniko you will typically engage both a notary and a lawyer for a smooth transfer.
Acceptance with benefit of inventory is a method of accepting an inheritance while limiting an heir's liability for the deceased person's debts to the value of the estate inherited. This protects heirs from being personally liable for creditors beyond the estate assets. The procedure and deadlines for this type of acceptance are governed by law, so seek legal advice before making any formal acceptance.
When assets or heirs are in different countries, international rules can complicate succession. The EU Succession Regulation may apply to successions involving EU member states and may allow you to choose which national law governs your succession. Tax and administrative steps in each country where assets are located must be coordinated. Work with a lawyer experienced in cross-border succession to avoid conflicting procedures and unexpected tax outcomes.
Greece recognises mechanisms for power of attorney and for guardianship in case of incapacity. A durable power of attorney can allow a trusted person to manage financial affairs while you are alive if done correctly. For long-term incapacity, legal procedures exist to appoint a guardian or curator. Because these arrangements have important legal effects, consult a lawyer to draft documents that will be effective and enforceable in Greece.
Review your estate plan whenever you experience significant life changes - such as marriage, divorce, birth of children or grandchildren, death of an heir, acquiring or selling property, changes in business ownership, or relocation. As tax rules and family circumstances change, periodic reviews with a lawyer will help ensure your plan remains effective and aligned with your wishes.
Heirs must file inheritance tax declarations with the competent tax authority and complete administrative steps required for property transfer. Time limits do apply for tax filings and other formal procedures. Deadlines may vary depending on circumstances, so consult a lawyer or the local tax office in Elliniko for the precise timeframes that apply to your situation to avoid penalties.
For authoritative information and administrative support, consider the following resources and bodies in Greece and locally in Elliniko:
- Hellenic Cadastre - for land registration and property records.
- Independent Authority for Public Revenue - for inheritance tax procedures and filings.
- Ministry of Justice - for information on notarial and succession law.
- Local notaries working in the Elliniko area - notaries prepare and authenticate wills and property deeds.
- Athens Bar Association and local lawyers specialising in succession and family law - for legal advice and representation.
- Municipality of Elliniko - local municipal offices and Citizen Service Centers (KEP) for administrative support and document certification.
- Professional tax advisors and certified accountants - for detailed tax planning and declarations.
If you need legal assistance with estate planning in Elliniko, consider the following practical next steps:
- Gather key documents - personal identification, property titles, mortgage documents, bank and investment statements, business documents, and family status records such as birth and marriage certificates.
- Make an initial list of assets, liabilities and the people you would like to include in your plan.
- Consult a local lawyer experienced in Greek succession law and estate planning to discuss wills, compulsory-heir rules, tax implications and options for limiting liability for debts.
- If you own property, meet with a notary to understand the formalities for wills and for future transfers, and contact the Hellenic Cadastre if you have questions about land registration.
- Consider cross-border implications if you or your heirs live outside Greece or you own assets abroad - seek a lawyer who handles international succession matters.
- Draft and sign the appropriate testamentary documents. Keep originals in a secure place and inform your executor or trusted persons where to find them.
- Plan for administration - ensure heirs know how to obtain tax clearance and register transfers after death. Keep digital and physical copies of key documents in an accessible place.
- Review your plan periodically and after major life events to ensure it still reflects your wishes.
Note - This guide provides general information and should not be relied on as a substitute for personalised legal advice. For advice tailored to your circumstances contact a licensed lawyer in Greece who is experienced in estate planning and succession law.
