Inheritance Law: Specialised Management & Protection of Your Estate

Q: How long do I have to renounce an inheritance?

The deadline for renunciation is four months from knowledge of the death and of the cause of the inheritance vesting. If the decedent or the heir was domiciled abroad, it is extended to twelve months. Renunciation is made by declaration before the Registry of the Court of First Instance of the inheritance. If the deadline lapses, tacit acceptance is presumed. For minors, the deadline begins upon majority. The deadlines are not capable of extension.

Q: What documents do I need for inheritance matters?

Death certificate, certificate of next of kin, certificate as to non-publication of a will or copy of the published will, certificate of non-renunciation, real-property title deeds, National Land Registry excerpts, topographical diagrams and the electronic property identity. For bank deposits, a certificate of inheritance is required. The inheritance tax declaration is filed within nine months of the death, or one year if it occurred abroad.

Q: What are the chances of success in claiming forced heirship?

Where the family relationship is documented and the share you received falls below the statutory percentage, recognition of the right is, as a rule, secure. The difficulty shifts to the calculation, since donations or parental gifts to other heirs during life are also taken into account. Testators frequently attempt to circumvent forced heirship through sham transfers, which can be set aside in court.

Q: What is the role of the inheritance law lawyer?

The lawyer delineates the estate, verifies debts and chooses the strategy (acceptance, renunciation, benefit of inventory). They draft wills, represent in the renunciation declaration, file the tax declaration, request a certificate of inheritance and register real property in the National Land Registry. In disputes, they bring an action for the inheritance share, to challenge the will, or to set aside donations that infringe forced heirship.

Succession is a process that requires delicate handling, legal precision and strategic thinking. Whether you need to safeguard your rights under a will, or to renounce a debt-laden inheritance, the law firm ZIAMPARAS & ASSOCIATES offers the certainty you need.

A Dual Capacity at the Service of Your Inheritance

Why choose us? A modern estate is not just documents; it includes real property and digital assets.

Specialisation in Real Estate: As lawyers and Engineers, we ensure that the inherited real property fully matches the topographical surveys and the entries in the National Land Registry (Ktιηματολόγιο), avoiding future complications.
Digital Inheritance (Digital Assets): In a world where wealth includes cryptocurrencies, digital wallets and professional accounts, our technical training is essential for locating and lawfully transferring such assets.
Strategic Litigation: We are highly skilled in dismantling witness testimony in cases challenging a will, ensuring that the testator’s true intent is respected.

Inheritance Law Services:

Acceptance & Renunciation of Inheritance: Guidance for timely and proper declaration, with particular emphasis on protection from inherited debts.
Wills: Drafting, publication and challenging of wills (holographic or public) on grounds of nullity or forgery.
Forced Heirship: Claiming the minimum share owed to close relatives, even where they have been excluded from the will.
Certificate of Inheritance: Swift issuance of the certificate that establishes your inheritance rights before banks and public authorities.

“An estate is the bridge between the past and the future. We ensure that this transition takes place with absolute legal security for you and your loved ones.”

Begin the Process Today

The deadlines under inheritance law (especially for renunciation) are unforgiving and rarely allow extension. Do not leave your estate to chance.

In more detail:

What does an inheritance law lawyer do?

An inheritance law lawyer essentially pursues two aims: (a) the continuation of the decedent’s property relations through the heirs; and (b) the selection of the most suitable heirs in conjunction with the preservation of productive units, as well as the protection of the family. The inheritance law lawyer is called upon to resolve issues and problems of every kind. Questions such as: What happens, for example, with someone’s home or business, and who is the heir designated by law for these? Who else may have claims?

When a relative or a third person with whom there is a family or personal bond passes away, issues arise concerning the inheritance of their estate (movable and immovable property, including, of course, their money). Particularly important are the deadlines set by law for acceptance and renunciation procedures and, naturally, the existence or absence of a will (public, holographic or secret) left by the deceased.

There are three types of succession, analysed below:

What happens in succession when there is no will (intestate succession)?

When a person has died without leaving a will, only their relatives and spouse have a direct inheritance right over the estate. The order of succession is laid down by law and is divided into classes. Only when the order of classes is exhausted without the inheritance having vested does the State, as the final class, step in.

Particular attention must be paid by all potential intestate heirs in cases of renunciation by beneficiaries of the preceding classes, in which event the next class is called.

It should be noted that the spouse of the deceased, in the first class of intestate succession (children-grandchildren), inherits one quarter (¼) of the estate. In all other classes, the spouse inherits half of the estate.

What happens in testate succession?

The institution of the will essentially allows the individual to determine the fate of their estate after death and, more generally, to regulate their succession. It should be stressed that one is not obliged to leave a will (for in such a case the Civil Code (AK) governs the succession of the person who died intestate).

To ensure that your will nevertheless meets all legal requirements, our inheritance law lawyers in Athens offer precisely the professional support and advice you need for a legally secure will. We will find the answers to your specific questions on inheritance law. Naturally, we are also pleased to act as your representative and to ensure that your last will is implemented as you wished during your lifetime.

How many types of will exist?

There are three types of will:

the public will, made before a notary public in the presence of three witnesses (third parties, not relatives or the spouse), or before a notary public in the presence of a second notary and one witness;
the holographic will, written entirely by the testator’s own hand, dated and signed by them. It is subject to no other formality and may be deposited with a notary public for safekeeping; otherwise, it is kept wherever the testator wishes;
the secret will, which is essentially a will written by the testator or by a third person but which in any event bears the testator’s signature and is delivered in a sealed envelope to the notary public in the presence of witnesses or of another notary and a witness, with the declaration that the envelope contains the testator’s last-will provisions.

The type of will is chosen by the testator themselves, with the assistance of the inheritance law lawyer. It is, of course, important to obtain the necessary information about the particularities of each type of will so as to decide what one truly wishes. All types of will provide the same level of security; however, certain reasons may make a particular type of will preferable.

The death of the person (where they have left a will), knowledge of the death, knowledge of the existence of a will, and the discovery of a will are the main events that trigger the deadlines for acceptance, renunciation, publication of the will, issuance of the certificate of inheritance, declarations to the competent tax authorities, and many other required procedures.

The inheritance law lawyer prioritises the prevention of disputes and tensions; for this reason, it is important to ensure that everyone receives the share to which they are entitled. Each person is different, and so are their views on the estate. However, the many legal rules of inheritance law often stand in the way of a person’s wishes, which can sometimes be hard to grasp.

What is forced heirship (compulsory succession)?

Compulsory succession is that which operates by law, even regardless of the will of the deceased. The law designates compulsory heirs, who are also referred to as forced heirs. Forced heirs are the descendants, the parents and the spouse of the deceased.

Crucially, even if the deceased has drawn up a will leaving nothing to the forced heirs, those heirs are entitled to claim the portion of the estate that the law compulsorily reserves for them, which is equal to half (½) of their intestate share. (Example: X dies leaving one child, T, and an estate consisting of an apartment-residence and a ground-floor shop.

If X has left no will, then under intestate succession the entire estate, that is both properties, vests in the daughter, who of course has the right to renounce, in which case the path opens for the heirs of the second class.

If X has left a will, its content must be examined. He may have appointed T as heir to the entire estate or to part of it. He may even have appointed any third party as heir. His intent is, in any event, valid to the extent that it does not infringe T’s forced share, that is, half (½) of the estate.)

Any forced heir who has not received their forced share is entitled, with the assistance of the inheritance law lawyer, to apply to the competent civil court in order to have their inheritance right recognised and to be awarded what belongs to them from the estate – an action for the inheritance share (action peri klirou). Infringement of the forced share is a very common occurrence (perhaps the most common) in inheritance cases. The correct valuation of the estate, and the calculation of the value of the share each heir received as part of the inheritance, including in the form of donations made before the death of the decedent, are central to the proper handling of the case. This is particularly important in those frequent cases – which our firm has often encountered – in which the will has been drafted in such a way as to lead, in substance, to the complete disinheritance of the relative entitled to the forced share.

See also article Certificate of Inheritance
See also article Renunciation of a Minor’s Inheritance
See also article Challenging a Will
See also article Death of a Bank Depositor
See also article Forced Heirship
See also article Classes of Intestate Succession
See also article Kinship
See also article Power of Attorney from Abroad

FREQUENTLY ASKED QUESTIONS ABOUT INHERITANCE LAW LAWYERS

1. What risks do I face if I inherit a debt-laden estate?

An heir who simply accepts an inheritance is liable with their personal property for all the debts of the deceased, even where these exceed the value of the estate’s assets. In practice, this means the heir may face claims from banks, the tax office, social security funds or private creditors. The law provides two solutions: renunciation of the inheritance within four months from knowledge of the death and of the inheritance right, or acceptance with the benefit of inventory, which limits liability to the value of the inheritance. The right choice depends on the specific financial picture.

2. What can I do if the will is unfair to me?

If you are a close relative (descendant, parent or spouse) and the will excludes you or leaves you less than you are entitled to, the law protects you through forced heirship. You are mandatorily entitled to half of your intestate share, regardless of the testator’s intent. The claim is brought by way of an action for the inheritance share (action peri klirou) before the Multi-Member Court of First Instance. In other cases, where grounds of nullity exist (lack of legal capacity, forgery of signature, formal defects in a holographic will), an action to challenge the will may be brought. The correct valuation of the estate and the calculation of any inter vivos donations are crucial.

3. How long do I have to renounce an inheritance?

The deadline for renunciation is four months and runs from the moment the heir became aware both of the death and of the cause of the inheritance vesting (i.e. that they are inheriting). If the decedent or the heir was domiciled abroad, the deadline is extended to twelve months. Renunciation is made by declaration before the Registry of the Court of First Instance of the inheritance. If the deadline lapses without action, the heir is deemed to have tacitly accepted. For minors, the deadline begins upon reaching the age of majority, but court authorisation is required where the parents renounce on the minor’s behalf. These deadlines are not capable of extension.

4. What documents do I need for inheritance matters?

The basic documentation includes the death certificate, a certificate of next of kin, a certificate as to the non-publication of a will or a copy of the published will, a certificate of non-renunciation, and the title deeds to the real property. For real property, additional excerpts from the National Land Registry (Ktιηματολόγιο), topographical diagrams and the electronic property identity are required. For bank deposits, a certificate of inheritance is needed. For the inheritance tax declaration, which is filed within nine months of the death (or one year where the decedent died abroad), the value details of the entire estate must be gathered. Collecting the supporting documents often takes time, which is why timely instruction of counsel is important.

5. What are the chances of success in claiming forced heirship?

Where the family relationship is documented and it appears that the share you received falls below the statutory percentage, recognition of the right is, as a rule, secure. The difficulty shifts to the calculation: account is taken not only of the assets existing at the time of death, but also of donations or parental gifts made during life to the other heirs or to third parties (notional addition). Testators frequently attempt to circumvent forced heirship through sham transfers or excessive gifts, which can be set aside in court. The outcome depends on the quality of the evidence as to the true value of the estate.

6. What is the role of the inheritance law lawyer?

The lawyer takes on, from the outset, the delineation of the estate, the verification of any debts and the choice of the appropriate strategy (acceptance, renunciation, benefit of inventory). They draft and publish wills, represent the heir in the renunciation declaration, file the inheritance tax declaration, request the issuance of the certificate of inheritance, and oversee the registration of real property in the National Land Registry (Ktιηματολόγιο). In case of disputes, they bring an action for the inheritance share, an action to challenge the will, or an action to set aside donations that infringe forced heirship. The aim is to avoid the unforgiving deadlines, to protect against hidden debts, and to secure everything to which the heir is truly entitled.