Making a will in Greece

The three forms of will

A will that does not follow one of the forms set by the Greek Civil Code is void. Each person must make their own will: joint wills, such as one will signed by a couple, are not permitted (Article 1717).

• Handwritten will (ιδιόγραφη διαθήκη, Article 1721). Written entirely by hand, dated and signed by the testator. It costs nothing, but is easier to lose, challenge or misword. It may be deposited with a notary for safekeeping.
• Public will (δημόσια διαθήκη, Article 1724). Declared orally to a notary in the presence of three witnesses, or of a second notary and one witness, and recorded by the notary. It offers the greatest certainty and the original stays in the notary’s archive.
• Secret will (μυστική διαθήκη, Article 1738). Written by the testator or another person, signed, and handed to a notary in a sealed envelope before witnesses. The contents stay private until publication.

After death, any will must be published by the competent court before it takes effect. Wills made abroad are generally recognised in Greece if they meet the formal requirements of the place where they were made, under the Hague Convention of 1961 to which Greece is a party.

The reserved share

Descendants, parents and the surviving spouse — those who would inherit without a will — are entitled to a reserved share (νόμιμη μοίρα), equal to half of what they would have received on intestacy (Article 1825). A will that leaves them less can be reduced on their claim. Gifts made during lifetime may be taken into account when the reserved share is calculated.

Example: a widower with two children leaves everything to a friend. Without a will each child would take 1/2, so each is entitled to a reserved share of 1/4 of the estate. The friend may receive at most the remaining 1/2.

A reserved heir can be disinherited only on narrow grounds listed in the Civil Code, such as serious wrongdoing against the testator, and the ground must be stated in the will. For the intestate shares themselves, see who inherits in Greece without a will.

Foreign nationals: choosing your law

Under EU Regulation 650/2012, succession is normally governed by the law of the country where you are habitually resident at death. You may instead choose, in your will, the law of your nationality. A British or American national living in Athens can therefore choose English or New York law, which may not provide a reserved share. The choice must be made expressly or be clear from the will’s terms.

Greek property formalities still apply whatever law is chosen: heirs must accept the inheritance by notarial deed and register it in the Cadastre.

Practical points

• Describe Greek property precisely, ideally with its Cadastre code (ΚΑΕΚ).
• Name a substitute beneficiary in case the first dies before you.
• Consider appointing an executor (εκτελεστής διαθήκης).
• Review your will after marriage, divorce, the birth of a child or a move abroad.
• Make sure wills in different countries do not unintentionally revoke each other.

This guide summarises general rules of Greek law and practice as at the date above. Rates, thresholds, deadlines and procedures change, and every matter depends on its own facts. It is not legal advice for any particular situation.