Everything You Need to Know About Wills in Greece: Types, Procedures and Rights. So how necessary are they? How do they help?
After the sad event of the death of the loved one, his "closer" relatives, in addition to the sadness they have, will encounter other bureaucratic problems when they attempt to carry out some actions to complete the obligations arising from the death of the loved one but also to acquire or renounce the assets and businesses left by the deceased with his death.
A will is an important tool for managing property and protecting the interests of heirs. The necessity and usefulness of the will can be summarized as follows:
Necessity of the Covenant
- Determination of Heirs: A will allows the testator to determine who will inherit their estate. Without a will, the distribution of property is done in accordance with the Civil Code, which may not meet the testator's wishes.
- Individual Protection: A will can be used to ensure that specific individuals, such as a partner, children from a previous marriage, or friends, receive part of the estate.
- Minimizing Disputes: A clear and detailed will can reduce disagreements and disputes between heirs by facilitating the peaceful division of property.
How the Covenant Helps
- Clarity and Transparency: The will provides clear instructions for the division of property, avoiding the ambiguities and problems that may arise from legislative succession.
- Flexibility: The testator can make specific provisions for their property, such as creating bequests for charity or caring for pets.
- Protection of Vulnerable Persons: Through the will, the testator can provide for the protection of vulnerable persons, such as minors or people with special needs, by ensuring their financial support.
- Tax Burden Reduction: With proper planning, the
A will can help reduce the tax burden associated with transferring assets to heirs. In this article, Daddylife will attempt to answer the top questions surrounding Wills.
What is a will?
A will is a document by which a person determines his heirs himself, i.e. the fate of his succession. The will is drawn up in person in accordance with the legal formalities and is freely revoked. When no will has been drawn up, the succession provided for by the law (intestate) occurs.
Who can make a will?
Any adult with full legal capacity can make a will.
What types of covenants exist and what are their differences?
There are the following types of wills:
- HANDWRITTEN WILL: It is written by the deceased himself by hand, dated and signed by him and kept in a place of his choice, even in his home.
- PUBLIC WILL: It is made to a notary, in the presence of 3 witnesses or in the presence of an additional notary and a witness and is in the form of a notarial document. It is kept in the notary's archive.
- SECRET WILL: This will is drawn up by the testator or by a third person, but always bearing the testator's signature and is given to a notary in the presence of 3 witnesses or in the presence of an additional notary and a witness, with a simultaneous oral statement that this document contains his last will. And this will is kept in the notary's record. Its difference with a public will is that the only person who knows its contents is the testator (or even the one who wrote it, if he is a third person).
When does the Testament "open" (be published)?
The will opens after the testator's death. The person who has it in his hands or the notary who keeps it in his archive submits it to the Justice of the Peace of the place of residence of the deceased and requests its publication on request.
Who calls heirs?
In the case of a handwritten will, the heirs are informed by the person who publishes the will, while in the case of a will to a notary (secret or public), then the heirs are informed by him.
A prerequisite is that the notary has first been informed of the death of the deceased.
What can I do if I don't know if there is a will on a notary's record?
After the death of a person, if the heirs of the person do not know about the existence of a will, it is advisable to contact the Chamber of Notaries in order to look for the existence of a public or secret will.
This process will require a number of supporting documents, such as a death certificate and a certificate of next of kin.
If there is no will, what is the order of the heirs?
Intestate succession is divided into classes and roots. Each previous class excludes the next.
In the first grade, they inherit the children of the deceased. If one of the children does not live, his own children (i.e. grandchildren of the deceased) come in his place, and if the grandchildren do not live then they inherit the great-grandchildren of the deceased.
Who inherits if there are no children or grandchildren?
If there are no children or grandchildren, the following classes are called in the following order:
In the second class, the parents of the deceased and his siblings inherit together. If one of the siblings is deceased, their children (i.e. nephews of the deceased) inherit in their place, and if one of their children is deceased, then their children (i.e. children of nephews) inherit their children.
In the third grade, the grandparents of the deceased inherit and if one of them does not live, their children (i.e. uncles-aunts of the deceased) inherit in his place, while although one of the uncles-aunts does not live, in his place come their own children (i.e. cousins of the deceased).
In the fourth grade, only the great-grandparents and great-grandmothers of the deceased inherit.
In the fifth class, where none of the above-mentioned relatives lives, the entire estate is inherited by the wife.
In the sixth grade, that is, when there is not a single living spouse, he inherits the state.
What does a husband/wife inherit when there is no will?
The spouse of the deceased inherits 1/4 of the property when inheriting together with relatives of the first class (children, grandchildren), while with the persons of the other classes he inherits 1/2.
Who inherits the deceased's car?
If there is no will, the deceased's car is inherited by the spouse, as an exception, since it is a private passenger car and was used for the needs of the family. Otherwise, it is inherited by intestate succession.
How do adopted children inherit?
The adopted child fully enters the new family that adopted him, having, among other things, all the rights of inheritance, like any other child.
As for his natural, biological, parents, relations between them are interrupted and therefore he has no right to inherit them.
Exceptions are adoptions that took place before 1996, as the older legal status applies to them and the adopted child can inherit not only the adoptive parents but also the biological ones.
How can a will be challenged?
A will can be challenged in court on grounds such as the testator's mental state at the time it was drawn up or the existence of threats or deceptive influences.
For more information, you can refer to sources such as the Greek Civil Code and specialized legal articles on wills in Greece.
What to do if you inherit debts?
If you are an heir to an inheritance in which there are debts, there are the following possibilities to protect you:
- You can renounce the inheritance in order to get rid of it completely.
- Accept the inheritance with the benefit of the inventory. If you accept the inheritance with the benefit of the inventory, i.e. you are liable for the debts of the inheritance as its assets.
What is the procedure for inheritance with the benefit of inventory?
The declaration of entitlement to the inventory shall be submitted to the competent clerk of the justice of the peace.
Then, an inventory of the inherited property must be drawn up within 4 months of the above declaration. A notary and experts appointed by decision of the justice of the peace carry out the inventory, i.e. the recording of all assets and liabilities of the estate, which must be completed within 4 months.
As an heir with the benefit of the inventory, you have no authority to sell or donate the inheritance, but are accountable to the creditors.
Minor children always inherit with the benefit of the inventory, so that they are not found to owe by inheritance with debts received. When they become adults, they must draw up an inventory within one year.
Particular attention should be paid to the whole process, as careful legal handling is required to avoid the risk that the heir ends up losing the right to the inventory, so it is important to consult a lawyer to secure the process.
Who should renounce the inheritance and what is the procedure.
When the deceased has many debts to banks, state, individuals, etc. and these debts are much larger than his property, so that it is not advantageous for the heirs to accept his inheritance, then the heirs must renounce in order to be relieved of the obligations of the inheritance.
The inheritance is renounced by all intestate heirs in the order of succession. That is, the renunciation should be made briefly in the following order and within the following deadlines:
Spouse: 4 months from death
A' CLASS1. Children: 4 months from death2. Grandchildren: 4 months from the renunciation of children3. Great-grandchildren: 4 months since the renunciation of grandchildren
B' CLASS1. Parents: 4 months from the renunciation of the last of the first grade2. Siblings: 4 months from parental renunciation3. Nephews: 4 months since siblings renounced4. Children of nephews: 4 months of renunciation of nephews
C' CLASS1. Grandparents: 4 months since the renunciation of the last of the second grade2. Uncles-Aunts: 4 months since the renunciation of grandparents3. Cousins: 4 months since the renunciation of uncles
D' CLASS1. Great-Great-Grandmothers: 4 months since the renunciation of the last of the third grade
Note 1: Each heir must renounce after the previous one has renounced it. That is, the above order must be strictly observed.
Note 2: Each heir must renounce after his predecessor renounces. E.g. The deceased has two children, A and B. A has one child, C and B has one child, D. A renounces and the waiver period begins for C, but not D, as he will have to wait for his parent, B.Note 3 h: If there was a will and the heirs of the will renounce, the intestacy is entered into the inheritance in the order discussed above.
How is the disclaimer made? What do I do when the heir is a minor and has to renounce?
The renunciation is made by completing and submitting a declaration-report of renunciation of inheritance to the Small Claims Court of the place of residence of the deceased. If an heir is a minor, a court is required to make a renunciation. His parents should apply to the Small Claims Court for permission to renounce an inheritance on behalf of the minor.
In this case, the deadline for waiving the minor starts to run after the decision is issued.
When is it mandatory to accept an inheritance?
Acceptance of inheritance is the declaration of will of the provisional heir that he wishes to become the definitive heir. Acceptance may be explicit, by means of an authentic instrument of acceptance, or tacit, inferred from the acts or omissions of the heir.
However, if immovable property is inherited, acceptance of inheritance is mandatory when the heir inherits immovable property. It is done with a notarial document and is transcribed / registered in the Land Registry / Cadastre. When the transcription is completed, then the heir acquires ownership of the property upon the death of a deceased.
There is no deadline for the heir to accept the inheritance.
However, it should be noted that in order to submit the tax return of the inheritance to the competent Tax Office, there is a deadline of 6 months (or one year for residents abroad) from the death of the deceased if there is no will or from the publication of the will if there is. In case of invalid submission there is a fine.
What is a reserved portion, who is entitled to it and what is an infringement of a reserved share?
After death, a person's property goes to his/her spouse and children (or to his/her parents, if he/she has no children). As we said, the spouse is entitled to receive 1/4 of the property while the children 3/4.
If the deceased in his will excludes the wife or one of the children from the inheritance, then the excluded child or spouse is entitled to a legal portion. In other words, everyone must get at least a minimum share of the property. The minimum share is calculated as half of his right to the intestate inheritance.
When the heir of the will does not return to the heir of the legal share the share to which he is entitled, then there is an infringement of the legal share and the one who is challenged may take legal action against the heir with a clergy action.
Let's give an example for better understanding:
A dies and leaves in a will to his daughter B an apartment and has no other property. A still has his wife alive and another child, to whom he leaves nothing. In this case, the wife and second child are entitled to a legal portion. If there was no will, the wife would inherit 1/4 of the property and the two children the remaining 3/4, i.e. 3/8 each child. Therefore, the legal share to which the wife is entitled will be 1/8 of the property (half of 1/4) and the legal share of the second child will be 3/16 of the property (half of 3/8).
In this case, when the inheritance is immovable, A's daughter will have to reimburse in cash the legal share to the wife and second child, and the amount is calculated based on the value of the apartment.
How can a child, spouse be disinherited from the statutory portion?
According to the Civil Code, the disinheritance of children/grandchildren (descendants) can be done for the following reasons only, based on whether that person:
1. endangered the life of the testator, the testator's spouse or other descendant;
2. intentionally inflicted bodily injury on the testator or his spouse from whom the descendant is descended;
3. has been guilty of a felony or serious misdemeanor with intent against the testator or his spouse;
4. maliciously breached its legal obligation to maintain the testator;
5. lives a dishonest or immoral life against the testator's will;
In order for the wife to be deprived of the right to a reserved share, the deceased must have brought an action against his wife with good reason.
If he had not brought an action, but at the time of death had the right to bring a divorce action for a valid reason, due to the fault of his spouse, then he can still disinherit it. The valid reason for the wife's fault must be stated in the will and relate to her fault.
What is a certificate of inheritance, what is the procedure for its issuance and where is it needed?
A certificate of inheritance is a certificate proving the inheritance rights of the heirs. Anyone who is an heir, either by will or without a will, may apply for a certificate of inheritance from the competent Court (Justice of the Peace at the place of death of the testator) so that it can be issued and his right to inherit has increased probative value.
This certificate is usually necessary when the heir wants to make various transactions regarding the inheritance (with banks, buying and selling, etc.) in order to have credibility that he is indeed an heir.
What are the most common mistakes in wills?
Common mistakes include lack of date and signature, unclear terms, and ignoring legal requirements.
Conclusions
Drawing up a will is vital for organising property and protecting the rights of heirs. It can help avoid disputes, ensure the fulfillment of the testator's wishes and offer financial security to his loved ones.
Therefore, the will is not only necessary, but also extremely helpful, providing clear and practical benefits for all involved.
Sources:
- Greek Civil Code
- Legal Portal LAW (www.nomikospalmos.gr)
- Athens Bar Association (www.dsa.gr)