{"id":7268,"date":"2026-08-24T13:16:11","date_gmt":"2026-08-24T10:16:11","guid":{"rendered":"https:\/\/www.mstr-law.gr\/?p=7268"},"modified":"2026-08-24T13:18:00","modified_gmt":"2026-08-24T10:18:00","slug":"inheritance-law-private-individuals","status":"publish","type":"post","link":"https:\/\/www.mstr-law.gr\/en\/inheritance-law-private-individuals\/","title":{"rendered":"Inheritance Law & Private Individuals"},"content":{"rendered":"
\"\"Inheritance Law & Private Individuals<\/u><\/strong><\/div>\n

This is the 2nd of the 3 parts of the series of informative articles regarding the significant changes introduced by the new inheritance law. This part presents the most important new provisions of inheritance law, as well as the manner in which these affect private individuals and the inheritance relationships between them.<\/p>\n

Law 5303\/2026 brings about a substantial reform of inheritance law and changes many of the matters that, until now, we have taken for granted in relation to wills, intestate succession, forced heirship, liability for estate debts and relationships between co-heirs, aiming \u2013 among other things \u2013 to align inheritance law with new forms of family, to address the need for a decent standard of living of the deceased who owns valuable immovable property but has no income therefrom, and to protect the surviving spouse or partner.<\/p>\n

\u00a0<\/strong><\/p>\n

    \n
  1. What changes with regard to the formal requirements and dating of handwritten wills?<\/strong><\/li>\n<\/ol>\n

    The new provisions mitigate the strictness of the formal requirements governing handwritten wills, particularly with regard to their dating. Thus, an incorrect, inaccurate or incomplete date no longer automatically renders the will invalid, provided that the time at which it was drawn up can be established by other evidence. In this way, the cases in which a will is rendered invalid solely for formal reasons are limited, while at the same time the actual intention of the testator is protected.<\/p>\n

    \u00a0<\/em><\/p>\n

      \n
    1. How does the procedure for the publication of handwritten wills change and what is the role of notaries, consular authorities and the \u201cWills Registry\u201d?<\/strong><\/li>\n<\/ol>\n

      The publication of a handwritten will is now mandatorily carried out by the notary with whom it has been deposited for safekeeping or before whom it is presented by its holder. The notary proceeds with its publication without delay, immediately upon being informed of the death of the testator. Publication is carried out through the special electronic platform \u201cWills Registry\u201d, by drawing up a record in which the full content of the will is entered, as well as any external defects thereof.<\/p>\n

      Similarly, with regard to handwritten wills held by consular authorities, publication is carried out by the consular authorities themselves, which are subsequently obliged to send the relevant record for registration in the \u201cWills Registry\u201d.<\/p>\n

       <\/p>\n

      The validity of the will continues to be determined exclusively by the competent Court.<\/p>\n

      \u00a0<\/em><\/p>\n

        \n
      1. When does a handwritten will produce its legal effects and when is its declaration as valid required?<\/strong><\/li>\n<\/ol>\n

        A published handwritten will that has been deposited for safekeeping produces its legal effects from the moment of its publication, without the need to have previously been declared valid. A handwritten will is declared valid by a certified notary, thereby confirming the authenticity of the testator\u2019s handwriting and signature.<\/p>\n

        The situation is different when the handwritten will has not been deposited for safekeeping. In this case, as a general rule, it must be declared valid in order to produce its legal effects. An exception is provided where the will benefits descendants (direct descendants of the testator) or the testator\u2019s spouse. The same requirement applies where the will is published after the lapse of two years from the death of the deceased.<\/p>\n

        The declaration of a handwritten will as valid may be requested by any person having a legitimate interest. In addition, if the authenticity of the will is not challenged judicially within five years from its publication, the will is deemed to be genuine.<\/p>\n

         <\/p>\n

          \n
        1. What changes does Law 5303\/2026 introduce with regard to intestate succession?<\/strong><\/li>\n<\/ol>\n

          First of all, intestate succession is the succession that takes place directly by operation of law when there is no valid will or when succession under a will does not take place, in whole or in part.<\/p>\n

          One of the most significant changes introduced by Law 5303\/2026 concerns strengthening the position of the surviving spouse, particularly in cases where the surviving spouse inherits alongside the deceased\u2019s children.<\/p>\n

          Specifically, under the new inheritance law, the position of the surviving spouse is strengthened, particularly when the surviving spouse inherits alongside the deceased\u2019s children. Under the new provisions, the surviving spouse inherits together with relatives of the first class one-third of the estate if there is one child, and one-quarter if there are two or more children.<\/p>\n

           <\/p>\n

            \n
          1. Partners in a civil partnership and cohabiting partners: What new inheritance rights does Law 5303\/2026 provide?<\/strong><\/li>\n<\/ol>\n

            As stated above, equivalent protection is also provided for a partner in a civil partnership, while of particular interest is the recognition of rights in favour of a person who lived with the deceased in an unmarried cohabitation for the last three years prior to the deceased\u2019s death, or without any time limitation where they have had joint children with the deceased.<\/p>\n

              \n
            1. What changes does Law 5303\/2026 introduce with regard to the institution of forced heirship?<\/strong><\/li>\n<\/ol>\n

              One of the most significant changes concerns the nature of forced heirship. The forced share is stripped of its in-rem character under the previous regime and acquires exclusively an obligational effect. Under the new inheritance law, that is, the beneficiary of the forced share no longer automatically acquires the status of a forced heir, nor does the beneficiary participate as an heir in the estate. Instead, the beneficiary acquires the status of a creditor of the estate and has solely an obligational claim for satisfaction of the forced share.<\/p>\n

              Consequently, the beneficiary is not liable for the debts of the estate nor does the beneficiary have an in-rem interest in the estate. At the same time, in order to safeguard the beneficiary\u2019s interests, preferential treatment over the other creditors of the estate is provided, while the possibility of satisfaction of the forced share in kind is introduced, as well as a special limitation regime for the relevant claims.<\/p>\n

               <\/p>\n

                \n
              1. How does the liability of the heir for the obligations of the estate change under Law 5303\/2026?<\/strong><\/li>\n<\/ol>\n

                Under the new inheritance law, a clear separation is established between the estate and the heir\u2019s personal assets. This means that, as a general rule, the heir is not liable with their personal assets for the debts and other obligations of the estate.<\/p>\n

                An exception applies if the heir declares before the competent court that they wish to freely administer and dispose of the estate. The same applies where, without having made such a declaration, the heir disposes of assets of the estate for purposes other than satisfying the creditors of the estate.<\/p>\n

                 <\/p>\n

                  \n
                1. How can inheritance agreements shape succession between private individuals?<\/strong>
                  \nLaw 5303\/2026 introduces, for the first time in the Greek legal system, inheritance agreements upon death. Through such an agreement, the deceased may, among other things, appoint an heir, establish a trust, make a legacy or determine the manner of, as well as choose the law governing, their succession.<\/li>\n<\/ol>\n

                  Despite the binding nature of the inheritance agreement, the deceased generally retains the freedom to manage and dispose of their assets during their lifetime. In particular, unless otherwise agreed, they may freely dispose of their assets and enjoy the benefits arising therefrom, even where such assets are expected to form part of their future estate.<\/p>\n

                  Within the same framework, the possibility of entering into an agreement for the waiver of future inheritance rights is also provided, either for consideration or without consideration. The waiver may even concern the right to the forced share. To the extent that the waiver is valid, the waiving party is deemed not to have been alive at the time the succession opened. In case of doubt, the effects of the waiver agreement also extend to their descendants.<\/p>\n

                   <\/p>\n

                  Practical Application:<\/u><\/strong><\/p>\n

                    \n
                  • Appointment of only one child as heir:<\/strong> A parent who has two children may, through an inheritance agreement, agree that upon their death, one of the two children will become the sole heir to their estate. This possibility may be combined with an agreement under which the second child waives their future inheritance rights, including, subject to the conditions prescribed by law, their right to the forced share.<\/li>\n
                  • Transfer of a specific asset to one child:<\/strong> A parent may agree that, upon their death, ownership of a specific immovable property, such as the family home, will pass to one of the children. Provided that the other child has entered into a valid agreement, with or without consideration, waiving their future inheritance rights, they will not be entitled to claim their forced share from the estate.<\/li>\n
                  • The case where no waiver agreement has been entered into:<\/strong> If, on the other hand, the second child has not waived their future inheritance rights, the new provision on the forced share acquires particular practical significance. This child does not acquire the status of an heir nor have an in rem interest in the estate, but acquires a claim for satisfaction of their forced share and, in this respect, becomes a creditor of the estate.<\/li>\n<\/ul>\n

                    In this way, the new provision offers the deceased greater flexibility to organise their succession in advance, while at the same time enabling family members to regulate their respective inheritance rights and related obligations with greater clarity.<\/p>\n","protected":false},"excerpt":{"rendered":"

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