Best Estate Planning Lawyers in Kalamata

About Estate Planning Law in Kalamata, Greece

Estate planning in Kalamata, Greece is a vital process that allows individuals to determine how their assets will be managed and distributed after their death. Estate planning is governed primarily by the Greek Civil Code and includes creating wills, establishing trusts, assigning powers of attorney, and planning for inheritance tax obligations. In Kalamata, as in the rest of Greece, estate planning is not only about determining who inherits your property but also ensuring that your wishes are legally enforceable and that your loved ones are protected.

Why You May Need a Lawyer

Many people in Kalamata seek legal assistance for estate planning to ensure their assets are distributed as they wish and to minimize potential conflicts among heirs. Common situations that require a lawyer include:

• Drafting a legally valid will or testament
• Understanding inheritance laws for families with Greek and foreign members
• Navigating the forced heirship rules that protect close family members
• Dealing with property located in different jurisdictions
• Minimizing inheritance tax liabilities
• Handling situations where there are underage or dependent heirs
• Creating trusts or foundations for asset protection
• Resolving disputes over inheritance or contesting a will
• Planning for incapacity or appointing a power of attorney
• Ensuring the estate plan complies with both local and European regulations

Local Laws Overview

Key aspects of estate planning laws that are particularly relevant in Kalamata include the following:

• Forced Heirship: Greek law reserves a specific portion of your estate for close family members, known as forced heirs, such as children, spouses, and parents. This means you cannot freely distribute your entire estate by will.
• Validity of Wills: There are different types of wills recognized in Greece, including handwritten (holographic), public (written by a notary), and secret wills. Each type has strict formal requirements for validity.
• Inheritance Taxes: Beneficiaries may be liable to pay inheritance tax. The rates vary depending on the relationship to the deceased and the value of the assets.
• Cross-border Estates: For those with assets in more than one country, European Union Regulation 650/2012 may apply, allowing individuals to choose the law of their nationality to govern their entire estate.
• Property Registration: Heirs must complete necessary paperwork and register inherited property with the Hellenic Cadastre, Greece's land registry.
• Intestate Succession: If there is no valid will, Greek inheritance law determines who inherits and in what order.

Frequently Asked Questions

What is estate planning and why is it important in Kalamata?

Estate planning is the process of organizing and managing your assets during your lifetime and deciding how they will be allocated after your death. It is important because it ensures your wishes are respected and can prevent legal disputes among your heirs.

Who can make a will in Kalamata, Greece?

Anyone over the age of 18 who is of sound mind can create a will in Greece, including residents and foreigners who own property in Kalamata.

What happens if I die without a will in Kalamata?

If you die without a will, Greek law governs the distribution of your estate through intestate succession. Your closest relatives, such as spouse, children, parents, and siblings, will inherit based on a predefined legal order.

Are there restrictions on how I can distribute my assets?

Yes, Greek law includes forced heirship rules that reserve a portion of your estate for close family members. You cannot completely disinherit children, spouse, or parents without a valid legal reason.

Is an international will valid in Kalamata, Greece?

International wills are recognized in Greece under certain conditions, but they should meet specific formalities. It is advisable to work with a Greek lawyer to ensure your will is legally valid in Greece.

What are the inheritance tax rates in Greece?

Inheritance tax rates depend on the relationship between the deceased and the heir as well as the value of the inherited assets. There are three tax categories, with close relatives such as children and spouses benefiting from higher tax-free thresholds and lower rates.

Can I choose which country’s law will govern my estate?

Under EU Regulation 650/2012, individuals with connections to more than one country can choose the law of their country of nationality to govern their estate. This should be clearly stated in your will.

How do I create a valid will in Kalamata?

You can create a holographic will, a public will drawn up by a notary, or a secret will that is submitted to a notary while sealed. Each type has specific legal requirements. Consulting a lawyer helps ensure your will is valid.

What steps must heirs take after someone dies?

Heirs need to accept the inheritance, pay any applicable taxes, and register property with the Hellenic Cadastre. A notarial act and additional documentation may be required.

Can inheritance be contested in Greece?

Yes, wills and inheritances can be contested on various grounds, such as invalidity, undue influence, or violation of forced heirship rights. Legal guidance is recommended in such cases.

Additional Resources

Several organizations and governmental bodies offer information and support related to estate planning in Kalamata, Greece:

• Greek Ministry of Justice - Provides legal information and access to Civil Code
• Kalamata Bar Association - Can refer you to qualified estate planning lawyers in the area
• Hellenic Cadastre - Responsible for property and land registration
• Notary Public Offices in Kalamata - Play a key role in drafting and storing wills and handling inheritances
• Local Tax Offices (Δ.Ο.Υ.) - For information on inheritance tax obligations

Next Steps

If you require legal assistance with estate planning in Kalamata, consider the following steps:

• List your assets and consider your wishes for distribution
• Gather relevant legal documents, such as property titles and family records
• Consult a local lawyer or notary experienced in estate planning to discuss your situation
• Ensure your will or other estate documents are drafted and signed in accordance with Greek law
• Review your estate plan periodically, especially after significant changes in your life or the law

Estate planning is a complex legal area. Working with a professional can give you peace of mind that your legacy and your loved ones are protected according to your wishes.