Best Will & Testament Lawyers in Thivais

About Will & Testament Law in Thivais, Greece

Greek inheritance law is set out in the Greek Civil Code and applies across the country, including the Thivais area of Boeotia. A will is a legal document that sets out how a person’s estate will be distributed after death. Greek law recognizes several forms of wills, each with specific formalities. Greece also applies the EU Succession Regulation, which coordinates cross-border estates within the EU and allows certain people to choose the law of their nationality to govern their succession. In practice, notaries, courts, and tax offices all play important roles in the steps that follow a death, from locating and publishing a will to transferring real estate to heirs.

Greece protects close family members through forced-heirship rules. Even when a will exists, a portion of the estate may be reserved by law for descendants, the spouse, and in some cases parents. Understanding these rules is essential when drafting a will or when administering an estate in Thivais.

Why You May Need a Lawyer

You may need a lawyer to ensure your will is valid and enforceable under Greek law, especially if you plan to rely on a handwritten will or if you prefer a notarial will that is formally recorded and easier to prove. A lawyer is highly recommended if you have a blended family, wish to provide for a partner who is not your spouse, want to minimize conflict among heirs, or intend to appoint an executor or guardian for minor children.

Cross-border issues are common in Thivais due to property ownership and family ties abroad. If you are a foreign national living in Greece or a Greek national living abroad, a lawyer can advise on the EU Succession Regulation, including the option to choose the law of your nationality. Legal help is also important for estates that include real estate, family businesses, or agricultural land, since these assets involve cadastral registrations, tax filings, and notarial deeds.

After a death, a lawyer can guide heirs through locating and publishing a will, meeting deadlines for acceptance or renunciation of the inheritance, filing inheritance tax forms, and completing the acceptance-of-inheritance deed before a notary. Legal assistance is also valuable for disputes, such as challenging a will’s validity, enforcing forced-heirship rights, or addressing claims by creditors.

Local Laws Overview

Forms of wills recognized in Greece include a holographic will, a public notarial will, and a secret will. A holographic will must be entirely handwritten, dated, and signed by the testator. A public will is executed before a notary in the presence of witnesses who meet legal requirements. A secret will is signed by the testator and delivered sealed to a notary in the presence of witnesses. There are also special forms for emergencies, such as at sea or in imminent peril.

Capacity to make a will requires that the person be at least 18 years old and of sound mind. Witnesses must be capable and independent. Beneficiaries and close relatives of the notary or witnesses generally cannot act as witnesses. Wills can appoint an executor and may include directions about guardianship of minor children, subject to court oversight.

Forced-heirship rules protect certain family members. Descendants and the spouse are protected heirs, and in some cases parents are also protected. The reserved portion is a fraction of what these heirs would receive on intestacy. A testator’s freedom to distribute assets is limited to the disposable portion that remains after covering the forced shares. Disinheritance is only allowed on specific legal grounds.

Intestate succession applies if there is no valid will or if the will does not cover all property. The order of heirs begins with descendants. If there are no descendants, the next classes include parents and siblings, then more remote ancestors, with the spouse participating according to statutory shares.

After death, a will must be located and formally published. Publication is carried out through a notary or the competent court, and a certificate of publication is issued. Heirs usually obtain a certificate of next of kin and then execute an acceptance-of-inheritance deed before a notary. Real estate must be recorded at the competent Land Registry or Hellenic Cadastre office for Thivais to perfect title.

Heirs may accept the inheritance outright, accept with the benefit of inventory, or renounce. Acceptance with benefit of inventory helps limit personal liability to the value of the estate. Renunciation must be declared within strict deadlines, typically within 4 months from when the heir became aware of the death and of their status as heir, extended to 1 year if the deceased or the heir lived abroad. Deadlines can be affected by specific circumstances, so prompt legal advice is important.

Inheritance tax is assessed based on kinship classes, with tax-free allowances and progressive rates set by law. Tax returns are usually filed within 6 months of death if the heir resides in Greece, extended to 12 months if the deceased or the heir resided abroad. Current thresholds and rates should be confirmed with the competent tax office. Property transfers require tax clearances and proof of payment or exemption.

Language and formalities matter. Documents in a foreign language must be officially translated into Greek, and foreign public documents often require an apostille or consular legalization. Cross-border estates are governed by the EU Succession Regulation, which defaults to the law of the deceased’s habitual residence unless a valid choice of law to the national law was made.

Frequently Asked Questions

What types of wills are valid in Greece?

Greek law recognizes holographic wills that are entirely handwritten, dated, and signed by the testator, public notarial wills made before a notary with witnesses, and secret wills delivered sealed to a notary in front of witnesses. There are also special emergency wills for exceptional situations.

Can I write my will in English?

Yes, but practical issues arise. A will intended to be used in Greece should be in Greek or be accompanied by an official Greek translation. Notarial wills in Greece are drafted in Greek. Using Greek avoids ambiguity and delays during publication and probate-related procedures.

Who are forced heirs and what is the forced share?

Forced heirs typically include descendants and the surviving spouse, and in some cases parents. They are entitled to a reserved portion of the estate regardless of the will. The size of the forced share is calculated as a fraction of the intestate entitlement. A lawyer can calculate the exact percentages for your family structure.

How is a will located and published after death?

Relatives or the lawyer will search for notarial or registry records and any holographic documents. The will is then opened and published by the competent authority, usually a notary or court, and a publication certificate is issued. This certificate is required for subsequent inheritance actions, including notarial acceptance deeds and tax filings.

What is acceptance with the benefit of inventory?

It is a legal option that allows an heir to accept an inheritance while limiting personal liability for the deceased’s debts to the value of the estate. It involves a formal inventory process and specific declarations. It is advisable when the estate’s debts are uncertain.

How long do I have to renounce an inheritance?

Generally 4 months from the time you learned of the death and your status as heir. If the deceased or the heir lived abroad, the period is typically 1 year. The countdown and any suspensions depend on the facts, so seek legal advice quickly.

What if the deceased had property in more than one country?

The EU Succession Regulation coordinates cross-border estates. Usually the law of the deceased’s habitual residence applies, unless a valid choice of national law was made in a will. Greek immovable property will still require Greek formalities, including notarial deeds, tax filings, and cadastral registrations in Thivais.

Do unmarried partners have inheritance rights?

Unmarried partners generally do not inherit by default under Greek intestacy rules. A will can provide for a partner within the limits of forced-heirship. Registered partnerships have specific legal effects that should be reviewed with a lawyer.

How are minor children protected in an estate?

Minors are protected heirs and cannot be disinherited except on strict grounds. A will can nominate a guardian and include management instructions for assets, subject to court supervision. Transactions involving a minor’s property often require court approval.

What documents will I need to transfer real estate to heirs in Thivais?

Typical documents include the death certificate, certificate of next of kin, the published will and publication certificate if a will exists, tax identification numbers for heirs, inheritance tax return and proof of payment or exemption, the acceptance-of-inheritance notarial deed, prior title deeds, cadastral certificates, and any required energy or planning certificates. Foreign documents must be translated and legalized as required.

Additional Resources

Hellenic Ministry of Justice for legislation updates and procedural guidance.

Hellenic Notaries Association for information on notarial wills and publication procedures.

Local Notary Public offices serving Thivais for will drafting, publication, and acceptance-of-inheritance deeds.

Court of First Instance and Magistrate Court serving Thivais for matters related to publication and certificates.

Independent Authority for Public Revenue AADE and the competent local tax office DOY for inheritance tax filings and guidance.

Hellenic Cadastre and the local Land Registry or Cadastral Office for registering inherited real estate in Thivais.

Local Bar Association serving Boeotia and Thebes for lawyer referrals experienced in inheritance law.

Next Steps

Clarify your goals. List your assets, debts, and family situation. Consider beneficiaries, an executor, and guardians for minors. Decide whether you need a holographic will or a notarial will. If you have ties to another country, ask a lawyer about choosing the law of your nationality under the EU Succession Regulation.

Engage local professionals. Contact a lawyer experienced in Greek inheritance law and a notary in Thivais. Prepare identification documents, marital and birth records, prior title deeds, and any foreign documents for translation and legalization. If you are making a notarial will, arrange eligible witnesses as required by law.

Execute and store your will safely. If you use a notary, discuss filing details and registration in the relevant wills registry. Keep a copy and inform your executor or a trusted person of its existence and location.

If a death has occurred, act promptly. Obtain the death certificate, locate and publish any will, get a certificate of next of kin, and seek advice on acceptance, acceptance with benefit of inventory, or renunciation. Observe deadlines for renunciation, inventory steps, and inheritance tax filings. Execute the acceptance-of-inheritance deed before a notary, then register real estate with the Land Registry or Hellenic Cadastre in Thivais and update utilities and municipal records.

This guide provides general information only. Because inheritance outcomes depend on your facts and on current law and tax rules, consult a qualified lawyer and notary in Thivais for tailored advice.