Greek Inheritance Law – Understanding Greek Succession Laws: A Comprehensive Guide
In Greece, the process of voluntary succession primarily revolves around creating a legally-binding will, in line with the stipulations set by Articles 1710 and 1712 of the Civil Code. Moreover, Greek law encompasses diverse avenues for succession planning. Notably, Greek Law introduces specific constraints on property distribution upon one’s demise, exemplified by the concept of a reserved share. This reserved share applies to descendants, parents of the deceased, surviving spouses, or registered partners. These individuals, potentially designated as intestate successors, possess rights to a reserved segment of the estate, as detailed in Article 1825 of the Civil Code and Article 11 of Law 3719/2008. This segment equates to fifty percent of the intestate portion. Furthermore, the beneficiary of this share is acknowledged as an heir apparent for this specific allocation, per Article 1825 of the Civil Code. The calculation process for this share is intricate, encompassing considerations of benefits received by the beneficiary from the deceased and the hypothetical total value of the estate, as expounded upon in Articles 1830-1834 of the Civil Code. Crucially, it’s important to recognize that any constraints imposed by the will on the beneficiary do not extend to the reserved share, as specified under Article 1829 of the Civil Code.
In scenarios where no clear property disposition exists upon an individual’s passing, Greek Law outlines six distinct classes of intestate succession. An individual within a certain class is excluded from succession if someone from a preceding class is eligible for succession, as laid out in Article 1819 of the Civil Code. The first class of intestate succession encompasses the descendants of the deceased. Inheritance follows the per stirpes principle, favoring closer descendants over those further in the lineage. Children inherit equal portions of the estate, according to Article 1813 of the Civil Code. Additionally, the surviving spouse is part of the first class, entitled to a quarter of the estate, as per Article 1820 of the Civil Code. However, a surviving spouse who was subject to divorce proceedings initiated by the deceased, supported by valid reasons, is excluded from intestate succession, as outlined in Article 1822 of the Civil Code.
In terms of legal processes related to succession, the jurisdiction lies with the succession court. Generally, this involves the district civil court located in the region where the deceased maintained domicile or residence at the time of their passing. Should neither domicile nor residence be applicable, jurisdiction shifts to the district civil court of the state’s capital city, under the purview of Articles 30 and 810 of the Code of Civil Procedure. Notably, notaries and Greek consular authorities possess the expertise to draft and safeguard wills.
Lastly, it’s worth highlighting the role of Greek tax authorities, who handle the reception of succession tax declarations and implementation of succession taxes.
Additionally, heirs have the option, within specific timeframes, to accept an inherited estate under the benefit of inventory. This involves assuming estate obligations up to its assets, and an inventory must be conducted within four months. Estate-related actions necessitating waiver permission must be sanctioned by the succession court.
Understanding the complexities of Greek succession laws is pivotal when navigating these intricate processes.