Justice Min.: Heirs will not be forced to renounce inheritance in order not to incur debts
- Written by E.Tsiliopoulos
Minister of Justice George Floridis presented significant changes in inheritance law, the first in 80 years, speaking to ERTnews, underlining that the new regulations “adapt the Civil Code to modern social and economic data”.
The central axis of the changes is the protection of heirs from excessive debts, the introduction of inheritance contracts for the first time in Greek law and new provisions for cohabitants without marriage or a cohabitation agreement.
Mr. Floridis emphasized that with the new regulation, inheritance debts are burdened only up to the value of the property, noting that “the heir is never burdened with his own property”.
As he explained, any debt that exceeds the amount of the inheritance is written off, “definitively solving the enormous problems that were created in thousands of families by incorrect assessments or late waivers”.
Inheritance contracts for the first time in Greek law
The Minister clarified that now the testator can agree with his heirs during his lifetime on the method of distributing the property, with a notarial deed that “cannot be revoked”. The procedure, as he underlined, “prevents posthumous conflicts, saves businesses and leads to a smooth succession”.
At the same time, the possibility of financial support for a child during his lifetime in exchange for waiving future inheritance rights is being institutionalized. According to Mr. Floridis, this will happen “so that someone does not receive money now and then claim more when death occurs”.
Changes in the legal share and the distribution of property
The Minister explained that the distribution rule between a surviving spouse and children is being modified. When there is one child, the spouse will receive 1/3 instead of 1/4, due to increased needs. In the case of more children, the ratio of 1/4 – 3/4 is maintained.
In the legal share, the new regulations allow institutions or businesses that have received property through a will to compensate the beneficiaries of the legal share without blocking their operation, with the possibility of selling assets if there are no funds available.
Protection of unmarried partners and abuse of wills
Mr. Floridis announced a special provision for cohabitants without marriage or a cohabitation agreement, who will now be able to reside in the common home for a specific period of time after the death of their partner, so that they do not find themselves “on the street the next day”.
At the same time, the transfer of property through a will to persons who manage or work in care facilities is prohibited, while in cases of home care provision there may be an exception “under certain conditions”.
Regarding handwritten wills, the Minister stressed that they are not abolished, but now “they must be declared valid by a court” and, when there are doubts, a handwriting expert will be ordered. Furthermore, the emergence of controversial “wills out of nowhere” in cases of death without heirs is ruled out; the property will go to the State, unless the cohabiting partner precedes.
Changes in time span of justice cases
The Minister underlined that a spectacular reduction in delays is already being recorded, with the merger of Courts of First Instance and Courts of Peace: “From four years of issuing a decision in Athens, we went to one and a half years”. In the rest of the country, the times have fallen below 280 days. As he said, “we reached the 2027 target already in 2025”.
Special mention was also made of the publication of wills, where “400 days became 7” thanks to the new digital platform of notaries.
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