Best Trusts Lawyers in Melissia

About Trusts Law in Melissia, Greece

A trust is a legal arrangement where one person or entity - the trustee - holds and manages assets for the benefit of others - the beneficiaries - according to the terms set by the person who creates the trust - the settlor. Trusts are a common tool in common-law jurisdictions for estate planning, asset protection, tax planning, and charitable purposes. Greece, including Melissia in the Attica region, is a civil-law jurisdiction and does not have a domestic trust system identical to common-law trust regimes. That said, trusts established under foreign law can sometimes be relevant to people and assets connected to Greece, and Greek courts and authorities may recognise and deal with foreign trusts in specific circumstances. In practice, people in Melissia commonly use a combination of wills, company structures, foundations, fiduciary contracts, powers of attorney, and foreign trusts when planning cross-border estates or holding foreign assets.

Why You May Need a Lawyer

Trusts and trust-like arrangements raise complex legal, tax, and practical questions when any part of the matter touches Greece. A lawyer can help you determine whether a trust or an alternative instrument is appropriate for your goals. Common situations that require legal support include cross-border estate planning when the settlor, beneficiaries, or assets are in different countries, transfers of Greek real estate that a foreign trust might hold, disputes over inheritances and reserved portions for heirs, trustee appointment and removal, compliance with Greek tax and reporting obligations, and litigation over the validity of transfers alleged to defeat heirs or creditors.

Lawyers experienced in private international law, succession law, tax law, and real estate are especially useful. They can draft or review trust deeds, advise on the enforceability of trust terms in Greece, prepare supporting documents such as wills or declarations, arrange proper registration and notarisation, represent clients in disputes, and coordinate with foreign counsel when a foreign trust is involved.

Local Laws Overview

No single domestic trust regime exists in Greece comparable to common-law trusts. Instead, Greek law relies on civil-law concepts such as ownership, fiduciary management, company law, and foundations. When a trust is governed by foreign law, Greek courts and administrative bodies will assess recognition and effects using private international law rules and principles. Outcomes depend on the type of assets, the applicable foreign law, and whether recognition would contradict fundamental Greek public policy.

One key local feature is the system of compulsory heirs and reserved portions. Greek succession law protects certain family members - for example children and the surviving spouse - by guaranteeing them a reserved share of the estate. Attempts to circumvent reserved portions by diverting assets into a trust or similar device can be challenged in Greek courts. Transfers intended to defraud forced heirs may be set aside.

Real estate in Greece requires formal transfer through notarial deeds and registration with the Land Registry - Ktimatologio. A trustee who is not resident in Greece will need to meet identification, tax registration, and notarisation requirements to be recorded as owner. Greek taxation and reporting rules apply to income, capital gains, and transfers. Trust income realised in Greece or distributed to Greek tax residents can create Greek tax liabilities and reporting obligations. Anti-money-laundering and international tax reporting frameworks - including Common Reporting Standard obligations - also affect trust structures involving Greek persons or institutions.

Because practice varies and outcomes turn on facts, local legal advice is essential. Lawyers in Melissia and greater Athens can coordinate work with notaries, tax authorities, land registries, and foreign counsel to implement and maintain trust-related arrangements consistent with Greek law.

Frequently Asked Questions

What is a trust and can I create one that is governed by Greek law?

A trust is a legal relationship where a trustee holds assets for beneficiaries. Greece does not have a general domestic trust regime like common-law jurisdictions. You cannot create a traditional common-law trust governed solely by Greek law in the same way as in England or many offshore jurisdictions. You can, however, use foreign trust law for assets situated outside Greece and use Greek-compatible instruments such as wills, foundations, companies, and fiduciary contracts for Greek assets. Always consult a lawyer to select the right structure for your circumstances.

Will Greek courts recognise a foreign trust?

Greek courts may recognise a foreign trust depending on private international law rules, the trusts governing law, and whether recognition would conflict with Greek public policy or compulsory heirship rules. Recognition is more straightforward for personal property and bank assets than for real estate. For immovable property in Greece, practical and formal obstacles can make recognition more difficult. Legal advice is needed before relying on a foreign trust where Greek-connected assets or persons are involved.

Can a trust be used to avoid Greek forced heirship or reserved portions?

Generally no. Greek forced heirship rules protect certain heirs and can nullify or reduce dispositions that unfairly deprive them. Transfers into trusts or other devices intended to avoid reserved portions can be attacked and possibly set aside by heirs. A lawyer can advise on compliant planning techniques that respect mandatory succession rules while achieving your legitimate objectives.

How are trusts taxed in Greece?

Tax treatment depends on the nature of the trust, the residence of the trustee and beneficiaries, and the source of income. Income arising in Greece or received by Greek tax residents may be taxable in Greece. Capital distributions, transfers of assets, and gains realised on Greek property can trigger Greek tax or transfer duties. Trustees with Greek tax presence may have reporting obligations and tax liabilities. Because tax rules are fact sensitive and change over time, consult a tax lawyer or tax adviser early in planning.

Can a trustee hold Greek real estate on behalf of a trust?

Yes, but there are formal requirements. Transfer of Greek real estate must be executed by a notarial deed and registered in the Land Registry. Trustees not resident in Greece will need proper identification, a Greek tax number - AFM - and possibly a local legal representative. Banks and local authorities may require clear documentation and local counsel to permit transactions. For many clients, holding Greek real estate through a Greek company or foundation is a more practical alternative.

What documents should I collect if I am looking for legal help with a trust matter in Melissia?

Useful documents include the trust deed or trust agreement, any related wills or codicils, identification documents for settlor, trustees, and beneficiaries, asset schedules, deeds and title documents for real estate, bank statements for accounts in the trust, tax returns, powers of attorney, and any correspondence or court records related to disputes. Bringing these documents to an initial consultation will save time and reduce fees.

How can I challenge a trust or a transfer that I think is fraudulent or invalid?

Challenges typically proceed in Greek civil courts and may allege undue influence, lack of capacity, error, fraud, or actions taken to defeat reserved heirs. The precise grounds and remedies depend on the facts and timing. Senior heirs may seek annulment or reduction of transfers and ask the court to set aside dispositions. Time limits and evidentiary rules apply, so seek legal advice promptly if you believe a transfer is invalid.

What duties and liabilities do trustees face when dealing with Greek assets or beneficiaries?

Trustees owe fiduciary duties to manage assets in beneficiaries' interests, act prudently, avoid conflicts of interest, keep accounting records, and follow the trust terms. When Greek law or Greek courts are involved, trustees must also observe local formalities, tax obligations, and registration rules. Breach of duties can lead to civil liability, removal, or claims for damages. Trustees should obtain legal advice and maintain clear records.

How do I find a qualified lawyer in Melissia who understands trusts and cross-border issues?

Look for lawyers or law firms in Melissia and greater Athens with experience in succession law, private international law, tax law, real estate, and cross-border estate planning. Ask for references, case experience with foreign trusts, and whether they work with foreign counsel. The local bar association - e.g. the Athens Bar Association for Attica - can provide referrals. Consider bilingual lawyers if you need help with foreign jurisdictions.

What will legal fees for trust-related work typically involve?

Fees vary by complexity. Simple consultations have modest fees or fixed rates. Drafting or reviewing a trust deed, coordinating with foreign counsel, handling real estate transfers, or preparing tax filings will increase costs. Litigation is usually billed by the hour or on a staged fee basis and can be expensive. Always request a written engagement letter that explains fees, billing method, and anticipated additional costs such as notary and registration fees.

Additional Resources

Hellenic Ministry of Justice - for information on notaries, courts, and succession rules. Hellenic Tax Authority - for tax guidance and registration matters including taxpayer identification numbers. Hellenic Notarial Chamber - for notarial practice and requirements for property transfers. Athens Bar Association and local bar associations - for lawyer referrals and professional standards. Land Registry - Ktimatologio - for property records and registration procedures. Professional associations of tax advisers and chartered accountants in Greece - for tax planning on trusts and estates. International organisations such as the OECD provide guidance on cross-border tax rules and information exchange that affect trust planning. If your trust is governed by foreign law, contact the relevant foreign embassy or consulate or a lawyer in that jurisdiction for complementary advice.

Next Steps

Start by clarifying your objectives. Decide whether your priority is succession planning, tax efficiency, asset protection, business succession, charitable giving, or another goal. Gather all relevant documents - wills, property deeds, corporate records, existing trust deeds, and tax returns. Make a list of the jurisdictions connected to your situation including where you and your beneficiaries are resident and where assets are located.

Contact a lawyer in Melissia or the wider Attica area who specialises in succession, private international law, tax, and property. Ask for an initial meeting - in person or remote - and request a written engagement letter that explains the scope of work and fees. Discuss practical alternatives to trusts for Greek assets, such as wills, company structures, family foundations, or fiduciary agreements, and obtain coordinated tax advice.

Implement the agreed plan with legal, notarial, and tax professionals. Ensure trustees and any local legal representatives have a clear written mandate, meet registration and tax obligations, and keep proper records. If there are disputes or potential challenges, seek immediate legal representation to preserve rights and evidence.

This guide provides general information and is not a substitute for personalised legal advice. For advice tailored to your situation, consult a qualified lawyer in Melissia with experience in trusts, succession, and cross-border law.