Best Will & Testament Lawyers in Heraklion

About Will & Testament Law in Heraklion, Greece

The process of creating and executing a will and testament in Heraklion, Greece, is governed by the Greek Civil Code. This legal area deals with the distribution of a person's estate after their death, ensuring that their wishes are carried out in accordance with the law. In Greece, individuals have the right to distribute their property as they see fit, but there are mandatory shares that must be respected for close relatives. It's essential to draft a will that is legally valid to ensure your assets are distributed according to your wishes.

Why You May Need a Lawyer

Engaging a lawyer experienced in will and testament matters in Heraklion can be crucial in several situations. Complex family dynamics, significant assets, or properties located in different jurisdictions can complicate will preparations. Legal assistance is beneficial for ensuring compliance with Greek inheritance laws, especially regarding obligatory heirs. Additionally, language barriers for non-Greek speakers and understanding local legal nuances may necessitate professional help to avoid disputes and ensure clarity and legality in the drafting process.

Local Laws Overview

Greek law stipulates certain obligatory inheritance shares, meaning certain close relatives automatically inherit a portion of the estate. These include the deceased's children and spouse. The remaining estate can be distributed freely as indicated in the will. The absence of a will results in the estate being divided according to the statutory inheritance rules, which generally prioritize children, spouses, parents, and siblings. Additionally, all wills in Greece must be recorded by a notary public to be considered valid.

Frequently Asked Questions

What is a will and testament?

A will and testament is a legal document that expresses a person's wishes regarding the distribution of their property and the care of any minor children upon their death.

Who can create a will in Greece?

Any person aged 18 or over and of sound mind can create a will in Greece.

Are there different types of wills in Greece?

Yes, there are three main types: public wills (made before a notary and witnesses), secret wills (sealed and handed to a notary in front of two witnesses), and handwritten wills (written entirely by the testator).

Do I need to appoint an executor in my will?

While it's not mandatory, appointing an executor can help ensure that your will is carried out efficiently. This person will be responsible for managing aspects of your will, such as distributing assets.

What happens if someone dies without a will in Greece?

In the absence of a will, the estate is distributed according to Greek statutory inheritance laws, prioritizing immediate family members.

Can I change my will after it is made?

Yes, you can modify your will at any time as long as you are mentally competent. It's crucial to follow legal procedures when making changes.

What are the tax implications of inheritance in Greece?

Greece imposes inheritance tax, but the rate and exemptions depend on the relationship between the deceased and heir. Consulting with a tax expert is advisable for specifics.

Can foreigners make a will in Greece?

Yes, foreigners can draft a will in Greece. However, it's advisable to consult with a legal expert to navigate the specific requirements.

What is the role of a notary in Greek wills?

A notary is essential in verifying the authenticity of the will and ensuring it complies with Greek law. The notary records the will, making it legally binding.

How can I ensure my will is legally binding?

To ensure your will is legally binding, it must be made in a recognized format, involve the appropriate witnesses, and be recorded by a notary.

Additional Resources

For additional guidance, consider contacting the Heraklion Bar Association for recommendations on legal professionals. The Greek Ministry of Justice can provide updates on inheritance laws, while local notaries are excellent resources for information on legal requirements and procedures surrounding wills.

Next Steps

If you need legal assistance in will and testament matters, the first step is to consult with a lawyer specializing in inheritance law. They can help draft a comprehensive will and ensure it complies with all legal requirements. Schedule an appointment with a notary public to formalize the document. It's advisable to periodically review your will and make necessary updates in response to life changes such as marriage, childbirth, or acquisition of new assets.