The annulment of acceptance of inheritance, where the heir was unaware of the existence of debts in the estate, is sought by filing a lawsuit before the competent court. Under the provisions of the law of succession of the Civil Code (AK), the entire estate of the deceased person (the inheritance estate), comprising both its assets and its liabilities, devolves upon his heirs after his death (whether by intestate succession or under a will), who have the right of renunciation within a strict limitation period of four months from the time they became aware of the devolution of the inheritance to them and the legal basis thereof, by means of a declaration filed with the clerk of the court of the inheritance.
However, in many instances, persons called as heirs to the estate of distant or unknown relatives, often unaware of the existence of debts of the decedent, or unaware of the four-month statutory deadline for renunciation of the inheritance or even of the consequences of letting that period lapse without action, fail to make a proper declaration of renunciation within the statutory deadline and under the required conditions, and as a result are deemed to be heirs by tacit acceptance of the inheritance under a legal fiction. The legislator has provided a remedy for this “impasse” by allowing the filing of a lawsuit for the annulment of the fictitious acceptance of inheritance which arises after the unused lapse of the renunciation period or the improper exercise thereof, in accordance with the provisions of Article 1857 of the Civil Code (AK).
What are the conditions for the lawsuit for annulment of fictitious acceptance of inheritance?
- The fictitious acceptance of inheritance may be challenged by the heir on the ground of mistake where the acceptance, deemed to have occurred under the legal fiction, does not correspond to his will and the mistake relates to a matter so material to the acceptance of the inheritance that, had the heir known the true state of affairs in this respect, he would not have allowed the renunciation period to lapse without action. The erroneous knowledge or ignorance which creates the divergence between intent and declaration and which, where material, gives rise to a right to challenge the declaration on the ground of mistake, may also be due to ignorance or mistaken understanding of the legal provisions governing the acceptance of inheritance.
- A mistake of law concerning the acceptance of inheritance is material where the heir’s ignorance relates either to the system of acquisition of inheritance under the Civil Code, which takes effect immediately upon the death of the decedent — in which case the four-month renunciation period does not begin to run, since ignorance precludes knowledge of the devolution of the inheritance — or to the existence of the statutory renunciation deadline or the legal significance of allowing it to lapse without action.
- A mistake as to the assets or liabilities of the estate is not material.
What is the limitation period?
A lawsuit for annulment of fictitious acceptance of inheritance on the ground of mistake, fraud or duress is subject to a six-month limitation period. This period begins to run upon the lapse of the renunciation deadline. However, if the mistake, fraud or duress persists after the acceptance, the six-month period begins from the moment that situation ceases — that is, from the lifting of the mistake — and in any event upon the lapse of twenty years from the acceptance.
Against whom is the lawsuit for annulment directed?
The lawsuit for annulment is directed against the person who derives an immediate inheritance interest from the heir’s removal, where the latter accepted the inheritance in a manner subject to annulment, and to whom the inheritance will devolve after the lawsuit is upheld and the plaintiff renounces the inheritance in the annulment proceedings, as well as against the creditors of the estate.
Which court has jurisdiction over the annulment of fictitious acceptance of inheritance?
The aforementioned lawsuit for annulment, being constitutive in nature, is filed before the Multi-Member Court of First Instance of the last domicile of the decedent, under the ordinary procedure.
What is the objective of the annulment of fictitious acceptance of inheritance?
The objective is to enable disengagement from a debt-laden estate of a decedent which the heir tacitly accepted by legal fiction without knowledge of the legal provisions on acceptance or renunciation of inheritance and their consequences.
- See also article Certificate of Inheritance
- See also article Renunciation of Inheritance by a Minor
- See also article Challenging a Will
FREQUENTLY ASKED QUESTIONS ON ANNULMENT OF ACCEPTANCE OF INHERITANCE
1. I have inherited debts without knowing it — what can I do?
When the four-month renunciation period lapses without action, the law deems that you have tacitly accepted the inheritance, together with all the debts of the deceased. There is, however, still a way forward. Article 1857 of the Civil Code (AK) allows the filing of a lawsuit for annulment of the fictitious acceptance on the ground of mistake, where you were unaware of material elements such as the very devolution of the inheritance, the existence of the renunciation deadline, or the legal consequences of allowing it to lapse without action. Once the lawsuit is upheld and the subsequent renunciation is filed, you are released from the debt-laden estate and avoid personal liability towards the creditors of the deceased.
2. Which forms of mistake are recognised by the courts?
The mistake must be material and must concern legal matters. It is recognised where the heir was unaware of the automatic system of acquisition of inheritance which applies under Greek law and takes effect immediately upon death, of the existence of the four-month renunciation deadline, or of the legal significance of allowing it to lapse without action. By contrast, mere ignorance of the amount of debts or the extent of the assets is not deemed material mistake and does not provide a basis for an annulment lawsuit. The precise drafting of the pleading plays a decisive role, as the type of mistake must be specified and it must be shown that, had you known the true state of affairs, you would have proceeded to renounce the inheritance in good time.
3. How quickly must I take legal action?
The lawsuit for annulment of fictitious acceptance of inheritance is subject to a short six-month limitation period, which begins to run from the moment the state of mistake ceased — that is, from the time you became aware of the true legal position, typically following a creditor’s demand or service of a payment order. In any event, the claim is definitively extinguished upon the lapse of twenty years from the fictitious acceptance. Speed is critical, as the six-month period expires quickly and requires preparation of a complete file, drafting of the lawsuit, filing with the competent court, and service on the defendants.
4. Which court hears the lawsuit for annulment?
The competent court is the Multi-Member Court of First Instance of the last domicile of the deceased, under the ordinary procedure. The lawsuit is constitutive in nature and is directed against the person who derives an immediate inheritance interest from your removal — that is, the person to whom the inheritance will devolve following the success of the lawsuit and your subsequent renunciation — as well as against the creditors of the estate. Correctly identifying the defendants is critical, since failure to join a necessary party may lead to dismissal of the lawsuit on procedural grounds.
5. Which documents are required for the lawsuit?
The required documents include the death certificate of the decedent, a certificate of next of kin, a certificate of non-renunciation issued by the Court of First Instance, a certificate of non-publication or a copy of any published will, as well as any document evidencing the time at which you became aware of the true facts (payment orders, extra-judicial notices, notifications from banks or the Independent Authority for Public Revenue (AADE), attachments). Also useful are documents establishing the degree of kinship with the deceased and the lack of communication or information regarding his financial situation, in order to support the plea of justified ignorance.
6. What role does the lawyer play in the procedure?
A lawsuit for annulment of fictitious acceptance is a demanding procedural matter, and representation by a lawyer is mandatory before the Multi-Member Court of First Instance. Our firm undertakes the verification of deadlines, the substantiation of material mistake with clear legal argument, the drafting of the lawsuit with all necessary elements, the proper targeting of the immediately benefiting parties and creditors, the filing of briefs and evidence, and appearance at the oral hearing. Following the finality of the judgment, we also assist with the subsequent renunciation, completing your release from the debt-laden estate.