Drafting a Will in Greece: Essential Guidance for Greek & Cypriot Expats
For Greek expatriates and Cypriot citizens living abroad, drafting of wills is usually done in the form of a public will through a notary. This is considered the safest method, and such wills are extremely difficult to challenge. The will can be either deposited for safekeeping or drawn up at local consular offices.
If you choose to write holographic wills (handwritten), special attention is required. To avoid mistakes or omissions, it is highly recommended that you consult a reliable Greek legal expert. Critical elements like signature, exact date, or absence of corrections may risk the will being declared invalid.
As of November 2013, Greek expatriates who have no intestate heirs and wish to leave their estate to third parties are required to draft a public will. Such holographic or secret wills are automatically deemed invalid, and the estate passed to the state. However, if there are intestate heirs, all three types of wills are valid.
A detailed explanation is provided later in this guide regarding the publication and execution of wills abroad. This includes the full process until the deceased property( movable or immovable) is distributed to the heirs, even when no will exists.
Any testator in Greece may deposit a holographic will at a consular office of their country. However, an in-person appearance is required to present proper identification that prove your Greek nationality. Some of the documents you can provide include a valid Greek passport, Greek national ID, or a birth certificate from a Greek municipality or community.
Alt title: Greek inheritance legal processes and paperwork.
Alt Description: Navigating the legal process of will publication and inheritance in Greece.
Once the will has been submitted, the responsible consular officer, acting as a notary, will prepare a formal deposit record. The holographic will must be dated and signed by the testator. Additionally, the date must clearly state the day, month, and year. The signature must unambiguously establish the identity of the testator.
It is also possible for a holographic or secret will to be deposited at the consular office. In such cases, the will must be sealed in an envelope. Furthermore, the testator must be accompanied by three Greek witnesses who are not related to each other or to the testator.
Steps Heirs Must Take to Open and Publish a Will Filed at a Greek Consulate
Alt Title: A courthouse facade in Athens
Alt Description: The Athens Magistrate’s Court plays a central role in the publication of wills for Greek citizens and those with Greek assets.
Before a will in Greece can be opened, a death certificate of the deceased must be issued. Depending on where the testator passed away, the appropriate local authority or consulate will issue the certificate. If the death occurred abroad, the local Greek consulate will issue the death certificate.
If the deceased had permanent residence in the consular jurisdiction for at least five years, a certificate of closest relatives is required to confirm the intestate heirs. This certificate is issued by the consulate. It is based on a sworn statement by three Greek citizens residing in the same jurisdiction, along with the deceased’s death certificate.
A will drafted abroad (foreign-language wills) based on inheritance laws of the country where the testator resided may still be validly published in Greece. However, it must be translated into Greek and published at the Athens Magistrate’s Court (Eirinodikeio Athinon), which has a special department for foreign-language wills.