Best Will & Testament Lawyers in Santorini

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Darivas Law Firm & Partners
Santorini, Greece

Founded in 2007
23 people in their team
English
Greek
Chinese
Private Client Will & Testament Inheritance Law
Konstantinos Darivas & Associates | Law Firm in Athens – Nationwide Legal Services in Greece Konstantinos Darivas & Associates is an Athens-based law firm providing high-level legal representation across Greece, with a strong focus on criminal law, real estate matters, and traffic...
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1. About Will & Testament Law in Santorini, Greece

In Santorini, as in the rest of Greece, wills are governed by the Greek Civil Code within the broader framework of succession law. The main goal is to ensure the testator can dispose of assets while respecting legal rights of close family members. Greek law recognizes several valid forms of wills and sets rules for how estates are distributed after death.

The primary forms of a will in Greece are public, secret, and holographic (handwritten) wills. A public will is typically drafted before a notary and requires witnesses, giving it strong probative weight. A secret will is sealed and can be opened later in probate, while a holographic will must be entirely in the testator's handwriting and signed. Notaries and other civil-law professionals often play key roles in ensuring validity and orderly probate.

Beyond the form of the will, Greek law imposes forced heirship protections. Certain shares of the estate must go to close relatives, such as spouses and children, limiting the testator's ability to completely disinherit heirs. In practice, this means careful planning with a local lawyer or notary is essential to align wishes with legal rights and tax considerations.

Residents of Santorini frequently hold real estate and businesses on the island, making formal estate planning especially important. Local probate procedures typically occur through notaries or the courts, and the process can be affected by whether assets are located abroad or inside Greece. Working with a local attorney or notary helps ensure a smooth transition of ownership and compliance with island-specific requirements.

Source note: For official guidance on wills and inheritance in Greece, see gov.gr and the Hellenic Parliament for legislative texts. gov.grHellenic Parliament.

Judicial and notarial procedures in Greece are harmonized with European standards for cross-border matters, ensuring recognition of Greek wills within the EU where applicable. Source: gov.gr and EU-wide succession guidance.

2. Why You May Need a Lawyer

Real-world scenarios in Santorini often require skilled legal guidance to craft, validate, and administer a will. Below are concrete situations where a lawyer or solicitor can help, with island-specific context.

  • You own a villa with sea views in Oia and want to ensure it passes to your child while respecting Greek forced heirs rules. An attorney can draft precise dispositions and avoid future disputes.
  • Your family consists of several heirs living both in Santorini and abroad. A lawyer can prepare a plan that anticipates cross-border probate, coordinate with notaries, and minimize delays.
  • You run a family business or rental property on the island. Legal counsel can address business succession, appointment of trustees where allowed, and tax implications for heirs.
  • You recently married, divorced, or had a child and need to update an existing will. A lawyer can ensure changes are valid, unambiguous, and legally enforceable.
  • You anticipate potential disputes among heirs or contesting relatives. A lawyer can structure enforceable provisions and prepare supporting documents to reduce litigation risk.
  • You own assets abroad (UK, US, or other countries) and want cross-border consistency with Greek law. An attorney can coordinate with foreign counsel and address applicable law and recognition issues.

3. Local Laws Overview

The legal framework for wills and inheritance in Santorini rests on key instruments and principles. Here are the main sources that shape how wills are created, validated, and administered in Greece and on the island.

  • The Greek Civil Code (Αστικός Κώδικας) governs the forms of wills, validity criteria, and the rules of succession. It sets out the types of wills recognized in Greece-public, secret, and holographic-and the basic structure for distributing an estate among heirs.
  • Regulation (EU) No 650/2012 on cross-border succession regulates jurisdiction, applicable law, and recognition of succession decisions for cross-border estates. Although the regulation is EU-wide, it affects Greek probate practice when assets or heirs are in more than one country; it has been in effect since August 17, 2015.
  • The Notaries and public documents framework in Greece governs how a public will is prepared and witnessed, typically through a licensed notary who maintains records of wills and guides the process through probate. This framework is essential for island residents who choose the public will route in Santorini.

Recent trends and practical implications: The EU cross-border framework has increased attention to how Greek wills interact with foreign estates and citizens living outside Greece. The Greek Civil Code remains the bedrock for validity and enforceability within Greece, while notarial procedures continue to play a central role in ensuring orderly probate. Gov.gr and the Hellenic Parliament publish current texts and procedural guidance for residents and executors. gov.grHellenic Parliament.

Key sources: Civil Code guidance on wills and inheritance; EU cross-border succession regulation; notarial procedures for public and secret wills. See official government resources for current rules.

4. Frequently Asked Questions

What is a holographic will and is it valid in Santorini?

A holographic will is handwritten by the testator, dated, and signed. It does not require notarization, but validity depends on clear testamentary intent and compliance with formalities under the Civil Code. Courts may scrutinize authenticity if challenged.

How do I create a will in Santorini with a notary?

Choose a public will drafted before a licensed Greek notary, with two witnesses when required. The notary records the document and provides certified copies for probate and storage. This form offers strong evidentiary weight in court.

When does a will take effect in Greece after creation?

A valid will becomes effective upon death of the testator unless it specifies an earlier date or extraordinary conditions. Probate or succession proceedings then transfer assets to heirs as directed by the will.

Where should I store my will in Santorini to avoid loss?

Store the original with the notary or the issuing authority if using a public will. Keep secure copies in a safety deposit box or with a trusted lawyer, and inform key heirs of its location. Banks andNotaries often offer protected storage options.

Do Greek wills follow forced heirship rules?

Yes. Greek law reserves a portion of the estate for close relatives, such as spouses and children. A will can allocate a portion freely but cannot fully disinherit forced heirs. A lawyer can optimize allocations within these limits.

How much does it cost to draft a will in Santorini?

Costs vary by form and complexity. A simple public will drafted by a notary typically ranges from a few hundred euros to around €600, depending on the estate and location. Complex plans may cost more due to additional documents and advice.

Should I hire a lawyer to prepare a will in Santorini?

Hiring a lawyer or notary with experience in Greek succession law reduces risk of invalid provisions and future disputes. A local expert can coordinate with a notary, review assets, and ensure enforceability in Greece and, if applicable, abroad.

Can I revoke or amend my will after creation?

Yes. You can revoke by drafting a new will or by explicit revocation within the same document. Ensure the revocation is clear and properly witnessed or notarized to prevent ambiguity at probate.

Is a Greek will valid for non-residents or foreigners?

Foreigners can create valid Greek wills, but cross-border issues may arise. A cross-border planning strategy should consider the EU Regulation on succession for harmonized treatment of foreign assets and heirs.

How long does probate or administration take in Greece?

Simple cases may conclude within 6-12 months, while complex estates with foreign assets or contested issues can take longer. Timelines vary by municipality and court backlog on Santorini.

What should I do if I own assets in more than one country?

Coordinate with Greek and foreign counsel to align Greek succession with foreign laws. A well-structured plan reduces conflicts and ensures smoother recognition of dispositions abroad.

What documents are typically needed to draft a will in Santorini?

Common documents include proof of identity, proof of ownership for real estate, a list of assets and debts, identification of heirs, and any existing wills. If assets are abroad, gather foreign title deeds and relevant proof of ownership.

5. Additional Resources

Access to official guidance and legal texts can help you plan effectively. The following official resources are useful for Greek wills and inheritance matters.

  • Gov.gr - Official Greek government portal providing guidance on wills, inheritance, and related procedures for residents. gov.gr
  • Hellenic Parliament - Publication of civil law texts and legislative changes affecting wills and succession. Hellenic Parliament

6. Next Steps

  1. Assess your estate and family situation to determine whether a will is needed and which form suits you best (public, secret, or holographic).
  2. Collect key documents such as identity papers, title deeds, asset lists, and any existing wills or codicils.
  3. Decide whether to work with a Greek notary or a lawyer who specializes in wills and inheritance, preferably with local Santorini experience.
  4. Schedule a consultation to discuss assets on Santorini, any foreign holdings, and your desired distribution plan.
  5. Draft the will with the chosen professional, ensuring compliance with the Civil Code and any cross-border considerations if assets are abroad.
  6. Arrange storage for the original will and provide copies to heirs or the notary for safekeeping; confirm the location and retrieval process.
  7. Periodically review and update the will after major life events (marriage, children, divorce, acquisition of new property) to maintain accuracy and enforceability.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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