Best Will & Testament Lawyers in Mykonos

1. About Will & Testament Law in Mykonos, Greece

Will and testament law in Greece governs how a person’s assets are distributed after death. In Mykonos, as part of Greece, the rules are set by the Greek Civil Code and related legislation. Wills can be executed in several forms, each with specific formal requirements and evidentiary standards.

Greeks and residents of Mykonos often choose documents that reflect local property ownership and family structures, including real estate on the island. Understanding the types of wills and their validity is crucial for ensuring a smooth transfer of assets to heirs or beneficiaries. Always consider how Greek forced heirship rules may affect bequests to children or a surviving spouse.

“Greek law recognises three main forms of wills: holographic (handwritten), public (before a notary), and sealed (secret) will.”

Source: Ministry of Justice - Civil Code overview (official information about will forms and formalities). https://www.ministryofjustice.gr/

“In Greece, forced heirship rules protect a portion of the estate for certain family members, such as the spouse and children.”

Source: gov.gr guidance on succession and family protection under Greek civil law. https://www.gov.gr/

“Inheritance tax rules and the administration of estates are handled by the Independent Authority for Public Revenue.”

Source: AADE information on taxation of inheritances and gifts. https://www.aade.gr/

2. Why You May Need a Lawyer

Engaging a Will & Testament lawyer in Mykonos can prevent costly mistakes and delays. Consider these concrete scenarios typical for island residents and property owners:

• You own beachfront or village property in Mykonos with co-owners or non-resident heirs and need a clear plan to divide assets after death.
• You or your spouse have children from a prior relationship, and you must ensure a legally effective inheritance plan that respects forced heirship rules.
• You are a foreign national with Greek assets and want a will drafted in Greek law to minimize probate disputes with Greek relatives or executors.
• You are considering a prenuptial arrangement or postnuptial agreement that affects inheritance rights for a spouse or children in Mykonos.
• You own real estate in Mykonos and want to designate executors, guardians for minor children, and specific distributions that consider local property regimes.
• You anticipate disputes among heirs or want to contest or revise an existing will to reflect recent life events, such as marriage, divorce, or death of a beneficiary.

3. Local Laws Overview

Key legal touch points govern Will & Testament matters in Mykonos and across Greece. The primary statute is the Civil Code, supplemented by notarial and tax rules.

• Civil Code (Αστικός Κώδικας) - This is the main source for will validity, types of wills, and the rules of succession, including forced heirship and shares of heirs.
• Notarial and Public Will Formalities - Greek practice recognizes three will forms: holographic, public (before a notary with witnesses), and secret (sealed). Notaries handle execution and formalities for public wills and certain secret will procedures.
• Taxation of Inheritance - The Independent Authority for Public Revenue administers inheritance and gift taxes, with rates linked to relationship to the decedent and the value of the estate.

“Wills may be executed as holographic, public, or sealed, each with distinct formal requirements and evidentiary standards.”

Source: Ministry of Justice - Civil Code overview. https://www.ministryofjustice.gr/

“The Civil Code governs protections for spouses and children through forced heirship rules, affecting distributions in wills.”

Source: gov.gr guidance on succession and family protection. https://www.gov.gr/

“Taxation of inheritances is managed by AADE, with rates based on relationship and estate value.”

Source: AADE inheritance tax information. https://www.aade.gr/

4. Frequently Asked Questions

What is a holographic will and how is it recognized in Greece?

A holographic will is handwritten and personally signed by the testator. It does not require a notary, but must be clearly dated and legible to be valid in probate proceedings.

How do I start the process of making a will in Mykonos?

Decide the form you prefer (holographic, public, or secret) and collect asset details. Then consult a Greek lawyer to draft or translate the document and ensure compliance with Greek law.

What is the typical cost of hiring a Will & Testament lawyer in Mykonos?

Costs vary by complexity and lawyer experience. A basic consultation may be modest, while drafting a comprehensive will with notarial participation can range higher depending on assets.

How long does probate typically take in Greece after death?

Probate timelines depend on estate size and disputes. A straightforward case can take several months, while complex estates with disputes may exceed a year.

Do I need a lawyer to make a will in Mykonos, or can I DIY?

You can draft a will yourself, but a lawyer helps ensure formality, legality, and enforceability, especially for real estate and cross-border issues.

What is the difference between a public will and a holographic will in Greece?

A public will is prepared before a notary with witnesses, offering strong formal validation. A holographic will is handwritten and signed by the testator, with no notary involved.

Can a will be changed after it is signed in Greece?

Yes, you can amend or revoke a will, typically by creating a new will or a codicil. Changes must follow the appropriate formalities to be enforceable.

Where should I store a Greek will to ensure it is found?

Store the original in a safe place and inform the executor or a trusted attorney. Notarized wills are often registered with a notary’s office for safekeeping.

Is there forced heirship in Greece that affects bequests?

Yes, Greek law protects a portion of the estate for certain heirs, typically the spouse and children, which can limit how much you can freely dispose of by will.

How should a Greek will address real estate in Mykonos?

Real estate bequests require careful drafting to reflect Greek property transfer rules and potential municipal or land registry considerations on the island.

Do Greek wills need witnesses or notary?

Public wills require a notary and witnesses. Holographic wills do not require witnesses but must meet handwriting and signature requirements to be valid.

Can I execute a will if I am living abroad but own property in Mykonos?

Yes, you can; a Greek lawyer can draft a will that takes Greek law into account, even if you reside outside Greece, to facilitate probate in Greece.

5. Additional Resources

• - Official source for civil law, wills, and probate guidelines in Greece. https://www.ministryofjustice.gr/
• - Official government portal with information on succession, family law, and public services. https://www.gov.gr/
• - Tax rules for inheritances and gifts, including rates and exemptions. https://www.aade.gr/