Wills and intestate succession
The initial legal assessment considers whether a will exists, its content, whether more than one will has been published and which persons are called as heirs or legatees. Where no valid will disposes of the entire estate, the rules of intestate succession and the family relationship of persons who may have inheritance rights are considered.
The existence of a will does not necessarily resolve every issue. Specific provisions may require interpretation, validity may need review, the assets covered by a disposition may need clarification, and the rights of persons protected by mandatory succession rules may need to be assessed.
Acceptance, renunciation and benefit of inventory
Before accepting or renouncing an inheritance, both the assets and potential liabilities of the estate should be considered. Where debts or encumbrances are uncertain, the heir’s choice requires particular care. The office provides guidance on acceptance, renunciation and, where the legal requirements are met, acceptance with the benefit of inventory.
These choices are connected with statutory deadlines and acts that may have legal consequences. Assessment should therefore take place promptly and with a full understanding of the facts. Where an heir is a minor, the special procedures and need for court permission for particular steps, such as renunciation, are considered.
Real estate and other estate assets
Where an estate includes real property, succession work connects with title, the Hellenic Cadastre, encumbrances, co-ownership and notarial acts. The rights held by the deceased, their correct description in the acceptance document and the steps required for registration and future management or transfer are reviewed.
Where there are multiple heirs, issues can arise concerning management of common property, agreement on use or sale or, if agreement is not possible, partition. The succession aspect is then considered together with property and real-estate law.
Inheritance disputes and court protection
The office handles disputes concerning inheritance rights, interpretation or validity of wills, possession or recovery of estate assets and claims connected with gifts or other dispositions affecting an heir’s position. Depending on the facts, inheritance claims, forced-heirship claims, challenges to certain gifts or other remedies available to protect the right may be considered.
Before litigation, documents, family history, acts of the deceased, transfers and evidence are reviewed. Where a workable agreement among heirs is possible, out-of-court settlement is explored in order to avoid a prolonged conflict.
Cross-border succession matters
Where the deceased had habitual residence, nationality, property or other connections with more than one country, questions of jurisdiction and applicable law must be considered. For estates falling within Regulation (EU) 650/2012, the European succession framework and, where relevant, the European Certificate of Succession are considered. The cross-border dimension should be assessed before steps are taken in different legal systems.