Best Will & Testament Lawyers in Chania

About Will & Testament Law in Chania, Greece

A Will and Testament is a legal document allowing you to dictate how your property, assets, and affairs will be managed and distributed after your death. In Chania, Greece, as in all of Greece, these laws are primarily governed by the Greek Civil Code. Greek inheritance law has specific requirements for the drafting, witnessing, and execution of wills. It is important to understand these requirements so that your wishes are honored and your loved ones are protected. Both Greek nationals and foreigners with assets in Greece must follow the local legal framework for wills and inheritance.

Why You May Need a Lawyer

There are several situations in which consulting a lawyer is highly recommended regarding a will and testament in Chania:

- You want to ensure your will is legally valid under Greek law.
- You own property or assets in Greece, regardless of your country of residence.
- You are facing complex family circumstances such as previous marriages, children from different relationships, or cohabitants.
- There are potential disputes among heirs or concerns about future claims against your estate.
- You are a foreign national or have heirs living abroad.
- You wish to minimize taxes or understand any financial implications for beneficiaries.
- You need help interpreting and carrying out the instructions of an existing will.

A lawyer can help with document drafting, translation, signature requirements, and ensuring that your wishes are enforceable in accordance with Greek law.

Local Laws Overview

In Chania, as throughout Greece, will and testament law is governed mainly by the Greek Civil Code and relevant special legislation. Key aspects include:

- Greek law recognizes three types of wills: handwritten, public, and secret. Each type has particular formalities which must be observed.
- Certain close relatives, such as children, spouses, and sometimes parents, have a statutory share of inheritance called "forced heirship" which cannot be disinherited except in very rare cases.
- A will may be written in a foreign language, but if challenged, it must be accurately translated and comply with Greek law.
- For immovable property (real estate) located in Greece, Greek inheritance laws typically apply, even if the deceased resided abroad.
- There are specific procedures for probate, including the acceptance or renunciation of an inheritance.
- Notarial and court procedures may be required, especially if disputes or complex estates are involved.

Frequently Asked Questions

What types of wills are recognized in Chania, Greece?

Greek law recognizes three main types of wills: handwritten (“olograph”) wills, public wills (drawn and kept by a notary), and secret wills. Each type has different requirements regarding witnesses, drafting, and safekeeping.

Can a foreign national make a will concerning assets in Chania?

Yes, both Greek citizens and foreigners can draft a will for assets in Chania. However, it is crucial that the will complies with Greek legal requirements, especially regarding property in Greece.

Is forced heirship mandatory in Greece?

Yes, Greece has forced heirship rules. Spouses, children, and sometimes parents are entitled to a statutory share of the estate which cannot be entirely overridden by a will, except under limited circumstances.

Do I need a lawyer to make a will in Chania?

While it is possible to create a will without a lawyer, having professional legal assistance is strongly recommended to avoid mistakes, ensure compliance with the law, and minimize disputes among heirs.

What happens if there is no will?

If a person dies intestate (without a will) in Chania, their estate will be distributed according to Greek intestacy laws. This typically means that close relatives inherit first, following a set order.

How can I challenge a will in Chania?

A will may be contested on grounds such as lack of capacity, improper form, or undue influence. Court intervention may be required, and legal representation is advisable.

Is it possible to alter or revoke a will?

Yes, a will can be changed or revoked at any time, provided the testator is legally capable. Revocation can be done by making a new will or destroying the old one.

Are there inheritance taxes in Greece?

Yes, inheritance taxes apply, with rates depending on the relationship between the deceased and the heir, and the value of the inheritance. There are exemptions and reduced rates for close relatives.

How is international succession handled?

International wills involving foreign property or heirs are regulated by both Greek law and applicable European Union legislation, such as EU Regulation 650/2012. Legal counsel should be sought for cross-border estates.

What steps are required to execute a will after death?

After a testator’s death, heirs must submit the will to the notary, accept or renounce their inheritance, pay applicable taxes, and follow probate procedures. Legal assistance can help manage the process efficiently.

Additional Resources

- The Hellenic Ministry of Justice - for access to Greek laws and procedures.
- Local notary offices in Chania - for official will registration and probate services.
- The Chania Bar Association - to find qualified lawyers specializing in inheritance law.
- Citizens’ Service Center (KEP) in Chania - for general guidance on legal processes and necessary documentation.
- Embassy or consulate services - particularly helpful for foreigners dealing with inheritances in Greece.

Next Steps

If you need legal advice or assistance relating to a will and testament in Chania, consider the following steps:

1. Gather all relevant documents, including property ownership papers, identification, and any existing wills.
2. Make a clear list of assets and potential heirs or beneficiaries.
3. Schedule a consultation with a qualified lawyer in Chania who specializes in inheritance law.
4. Discuss your intentions, ask questions, and outline any specific circumstances or concerns.
5. Follow your lawyer’s advice for drafting, formalizing, and registering your will.
6. Inform your chosen heirs or executors about the existence and location of the will.
7. Review your will periodically and update it as needed, particularly after major life events or changes in the law.

Thorough professional guidance will help ensure that your wishes are carried out in accordance with local law, providing peace of mind for you and your loved ones.