Best Will & Testament Lawyers in Paros

About Will & Testament Law in Paros, Greece

A Will & Testament (Diathiki in Greek) is a legal document by which a person expresses their wishes regarding the distribution of their property after death. In Paros, Greece, the law governing Wills and inheritance is primarily based on the Greek Civil Code, which applies nationwide, including the island of Paros. Having a valid Will ensures that your assets are distributed according to your wishes and can help prevent family disputes or lengthy legal proceedings. The process of drafting, validating, and executing a Will follows Greek legal standards and often requires adherence to specific forms and witnessing requirements.

Why You May Need a Lawyer

There are several situations where consulting a legal professional specializing in Wills & Testaments can be vital in Paros, Greece:

• Ensuring Validity: Greek law prescribes specific forms and formalities for Wills. A lawyer helps ensure your Will is valid and enforceable.
• Complex Family Situations: Blended families, stepchildren, or estranged relatives often complicate inheritance matters. Legal counsel provides clarity and protection.
• Cross-Border Assets: If you own property both in Greece and abroad, or if you are a foreign resident in Paros, a lawyer can navigate the interplay between Greek and foreign laws.
• Tax Planning: Inheritance laws and taxes can be optimized with the right legal guidance, possibly reducing the liability on heirs.
• Disputes Among Heirs: A lawyer can act as a mediator and help resolve or prevent disputes during the probate process.

Local Laws Overview

Key aspects of Will & Testament law in Paros, Greece include:

• Form of Wills: Greek law recognizes handwritten (holographic), notarial, and secret Wills. Notarial Wills are drawn up and kept by a local public notary and provide greater legal security.
• Forced Heirship: Under Greek law, certain close relatives (spouse, children, grandchildren, and sometimes parents) cannot be completely disinherited and are entitled to a portion of the estate known as the compulsory share.
• Rights of Foreigners: Non-Greek nationals residing or owning property in Paros may choose the law of their nationality for matters of succession, subject to certain conditions under EU Regulation 650/2012 (Brussels IV).
• Probate Process: After a person’s death, the Will must usually undergo a probate process before any assets are distributed. This involves legal validation, debt settlement, and registration of property transfers.
• Inheritance Tax: Heirs are subject to Greek inheritance tax according to the relationship to the deceased and the total value of the inheritance. Local authorities may provide guidance on compliance.

Frequently Asked Questions

What types of Wills are recognized in Paros, Greece?

Greek law recognizes handwritten (holographic), notarial, and secret Wills. Notarial Wills are drafted in front of a public notary and two witnesses, providing extra legal certainty.

Can I write my own Will without a lawyer?

Yes, you can write a handwritten Will, but it must meet strict requirements under Greek law to be valid. However, legal assistance is advisable to avoid errors or disputes.

Do my spouse and children automatically inherit my property?

Greek law entitles your spouse and children to a compulsory share of your estate, even if your Will states otherwise. They cannot be fully disinherited.

Can foreigners make a Will for their Greek assets?

Yes, foreigners can make a Will for their assets in Greece. They may also choose the law of their nationality to govern their estate under EU rules, but this must be expressly stated in the Will.

What happens if there is no Will?

If you die intestate (without a Will), your estate is distributed according to Greek succession law, which prioritizes close relatives in prescribed order.

How is a Will probated in Paros?

After death, the Will is opened at the relevant court or notary. Probate proceedings follow, where debts are settled and assets distributed per the Will and law.

Can I change or revoke my Will?

Yes, you may amend or completely revoke your Will at any time, provided you are legally competent to do so. The latest valid Will is the one that takes effect.

Will my heirs have to pay inheritance tax?

Inheritance tax applies in Greece, with amounts depending on the relationship between the deceased and heirs and the estate’s value. Certain exemptions and reductions may apply.

Can a Will be contested?

Heirs or interested parties can contest a Will on grounds such as incapacity, undue influence, or failure to comply with legal formalities. Disputes are resolved in court.

Is it necessary to register a Will in Greece?

Notarial Wills are registered by the notary. Handwritten and secret Wills can be deposited with a notary or the court for safekeeping, which is strongly recommended to ensure they are found and valid upon death.

Additional Resources

If you need more information or assistance, the following resources may be helpful:

• Local Notaries: Public notaries in Paros can assist in drafting and registering Wills.
• Paros Bar Association: Offers listings of qualified attorneys specializing in inheritance law.
• Greek Ministry of Justice: Provides general information about Wills, succession, and inheritance procedures in Greece.
• Citizen Service Centers (KEP): Locations across Paros that offer guidance on administrative steps related to Wills and estates.
• Embassies and Consulates: Assistance and advice for foreigners regarding cross-border succession issues.

Next Steps

If you require legal assistance regarding a Will & Testament in Paros, Greece, consider the following steps:

• Make a list of your assets and your wishes regarding their distribution.
• Gather all relevant documents, such as property titles, identification, and existing Wills (if any).
• Contact a local attorney or notary with experience in inheritance and Will law.
• Discuss your personal circumstances, including family structure, residency status, and potential cross-border issues.
• Decide on the most appropriate form of Will for your situation, ensuring it abides by Greek legal formalities.
• If you are a foreigner, determine whether to apply Greek law or the law of your home country under EU rules.
• Once your Will is drafted, consider depositing it with a notary or court to ensure its safekeeping and eventual discovery.
• Regularly review and update your Will as your situation changes or laws are updated.