Best Will & Testament Lawyers in Kos

1. About Will & Testament Law in Kos, Greece

Kos follows the Greek civil law framework for wills, known locally as διαθήκη (diathiki). The law recognizes three main types of wills and sets the formal requirements for valid execution and subsequent probate. Understanding these types helps residents plan effectively and avoid disputes on the island.

In practice, a Kos resident will typically interact with a notary when creating a public will or a secret will, and may rely on a lawyer to draft a private will that complies with Greek rules on capacity and inheritance. Local property on Kos, including houses and rental units, is affected by how a will allocates real estate and income streams, and by the island’s land registry processes. Always keep documents up to date to reflect life changes and asset movements on the island.

Source: The Greek Civil Code governs wills and inheritance, including types of wills and formal requirements. See gov.gr for official guidance on diathiki and related procedures.

2. Why You May Need a Lawyer

• A family owns a seaside villa on Kos and multiple siblings expect equal shares. A lawyer can draft a will that respects forced heirs rules while clearly outlining ownership and usufruct arrangements to prevent later quarrels.

• You want to leave property in Kos to a non-family member. Greek law still preserves reserved shares for certain relatives, so a solicitor helps structure the disposition legally and practically, including use of usufructs or life interests where appropriate.

• You are updating a will after marriage, divorce, or the birth of a child on Kos. A legal professional ensures changes are valid, properly witnessed or notarized, and enforceable in Kos courts and registries.

• You own real estate in Kos and assets abroad. A lawyer can coordinate cross-border aspects under EU succession rules and ensure the Greek will aligns with foreign wills to avoid double taxation or conflicting claims.

• You suspect a will is flawed or challenged by other relatives. A lawyer can assess validity, potential disputes, and represent you in mediation or court if needed on Kos or at higher Greek courts.

• You plan to appoint guardians for minor children and designate trustees or executors in a Kos will. A lawyer helps ensure guardianship provisions meet Greek standards and local needs.

3. Local Laws Overview

The following laws govern Will & Testament matters in Kos and across Greece. They shape how wills are created, validated, and implemented, as well as how estates are taxed and transferred.

Αστικός Κώδικας (Civil Code) - Governs wills, succession, and the concept of forced heirship. It establishes the basic rules for capacity, form, and the distribution of a deceased person’s estate. The Civil Code applies uniformly to residents of Kos and property located on the island.

Νόμος περί Συμβολαιογράφων (Law on Notaries) - Regulates notaries' roles in the execution of public and secret wills, ensures authenticity, and oversees witnessing requirements and the proper recording of acts affecting real estate on Kos. This framework helps minimize later challenges to validity.

Νόμος 2961/2001 - Φορολογία Κληρονομιάς και Δωρεών (Gift and Inheritance Tax) - Sets the tax regime for inherited and gifted assets, with exemptions and rates based on kinship and asset value. The law's application affects planning decisions for families on Kos with intergenerational assets.

Source: Greek Civil Code and notary procedures are described in official Greek government resources; cross-border considerations are covered by EU and Greek tax and probate guidance found on gov.gr and et.gr.

4. Frequently Asked Questions

What is a διαθήκη and how does it work in Kos?

A διαθήκη is a will that directs how assets are distributed after death. In Kos, you can create a public, private, or secret will, each with specific formal requirements and witnesses. The proper type depends on your assets and family situation.

How do I create a valid will in Kos with the least risk of dispute?

Work with a qualified attorney to choose the appropriate will type and ensure capacity, clarity, and witnesses where required. A notary may draft or supervise a public or secret will to maximize enforceability.

When should I update my Kos will and what triggers a change?

Update after major life events such as marriage, divorce, birth of a child, acquisition or disposal of real estate on Kos, or relocation. Regular reviews every 3-5 years help reflect changes in law and assets.

Do I need a notary to make a will in Kos?

Not always, but a notary is required for a public or secret will and is highly recommended for real estate dispositions. Notaries provide formal validation and help prevent later challenges.

What does forced heirship mean for my Kos estate plan?

Greek law guarantees reserved shares for close relatives, which may limit disinheritance. A lawyer can structure arrangements to respect these rights while achieving your goals.

Can I use a foreign will if I own property in Kos?

Cross-border wills are possible, but you should align Greek provisions with any foreign will to avoid conflicts. A European or international will requires careful coordination with Greek authorities.

How much does it cost to prepare a will in Kos?

Costs vary by type and complexity, typically including notary and lawyer fees. Expect to pay for drafting, witnesses, and notarization, with discounts for straightforward arrangements.

How long does probate take on Kos after death?

Probate timelines depend on the estate size and any disputes. Simple cases may conclude in a few months, while contested estates can require 6-12 months or longer in Greek courts.

What happens if there is no will in Kos?

The estate passes according to the intestate succession rules in the Civil Code. Heirs are determined by law, and the distribution may differ from a wished plan, potentially causing disputes.

Do I need to involve a lawyer for routine updates to a will?

While not always required, involving a lawyer reduces risk of ambiguity and ensures compliance with Greek formalities. A lawyer is especially helpful when real estate on Kos is involved.

What is the difference between a will and a power of attorney in Greece?

A will governs posthumous asset distribution, while a power of attorney provides authority during the testator’s life. They serve different purposes and may both be part of a broader planning strategy.

Is cross-border inheritance common for Kos residents and how is it handled?

Cross-border inheritance involves EU regulations and Greek law. An experienced lawyer helps coordinate asset claims, tax positions, and enforcement across jurisdictions.

5. Additional Resources

• gov.gr - Official Greek government information on wills and inheritance procedures
• et.gr - Official Government Gazette for Greek laws including civil code updates
• e-Justice Portal - EU cross-border inheritance guidance and Greece-specific pages

6. Next Steps

1. Take stock of all assets on Kos, including real estate, bank accounts, and business interests, plus beneficiaries you want to name.

2. Consult a Kos-based attorney or notary with experience in wills and inheritance to assess your options and confirm capacity and form requirements.

3. Choose the appropriate will type (public, private, or secret) and decide whether to involve a notary for validation and recording of the will.

4. Prepare a draft with clear asset descriptions and beneficiary designations, and ensure any real estate transfers align with the Kos land registry process.

5. Execute the will according to the chosen form, obtain witnesses or notarization as required, and obtain copies for your records and for the estate executor.

6. Store the original will with the notary or in a secure government or professional repository, and provide copies to heirs or executors.

7. Plan for periodic reviews after major life events and at least every 3-5 years to reflect changes in assets, law, or family circumstances.