The freedom each person enjoys regarding the disposition of his/her
estate is subject to significant restrictions regarding certain family members,
such as his or her children, spouse and parents. According to the applicable
Greek laws, a part of each decedent’s estate must be distributed to the above
relatives. This part is called “nomimi moira” or “minimum forced inheritance
share” in Greece; this equals to half of the inheritance share each of the
above relatives would be entitled to, if the decedent died intestate (i.e.
without leaving a will). Any contributions, however, that the decedent may have
gifted to each of the above heirs while living, may be counted against the
minimum forced inheritance share in Greece that the heir will be entitled to
upon the decedent’s death. For instance, if the decedent, while still leaving,
gifted to one of his children a property, the value of this property counts
towards the percentage of the minimum forced inheritance share in Greece that
this child is entitled to from his parent’s inheritance.
The testator can disinherit his relative (child, parent ,or spouse) only under
very limited circumstances, such as: when the relative has committed a gravely
unjust act against the testator, or has lived his life unethically, or in the
case of a spouse, if a valid reason for divorce existed for which the
inheriting spouse was liable. In the event that the testator disinherits one of
the above relatives in his will (or bequeaths to that relative a portion of his
estate that is less than the provided minimum forced inheritance share), then
that heir is entitled to participate in the remaining inheritance and claim the
percentage missing (to complete his minimum forced inheritance share) or the
entire minimum forced inheritance share (when he has been entirely
disinherited). Furthermore, in the event that the existing inheritance at the
time of the testator’s death is not sufficient to cover the minimum forced
inheritance share in Greece, the person entitled to that share has the right to
seek the revocation and/or rescission of any gifts that the testator may have
given while living, in order for the heir to be satisfied from the subjects of
those gifts.
The minimum forced inheritance share provisions in Greece apply in the
following two cases:
Α) When there is a will: in the event that the
relatives (children, spouse and parents) would inherit, had the testator died
intestate, and do not inherit by virtue of the will (or inherit less than the
minimum forced share) and
Β) Intestate: when the existing inheritance does
not suffice to cover the minimum forced share, due to conveyances the decedent
made while living or due to restrictions that have been placed by virtue of a
will.
Minimum forced inheritance share right in Greece only exists when those
entitled to it would inherit, if no will exists. Therefore, for instance, the
parents of the decedent do not have a claim to a minimum forced inheritance
share in Greece, if the decedent had a wife and children (because if no will
existed, only the wife and children would inherit, and not the parents that are
only called to inherit if no children exist). Grandchildren, for instance, only
have a minimum forced inheritance share claim if their parents are disqualified
from inheriting. Furthermore, for a decedent who was survived by three children
and a spouse, the following apply: the intestate share of each child is ¼ of
the estate, and the minimum forced share 1/8 of the estate.
Finally, regarding the legal consequences of not bequeathing the minimum forced
inheritance share in the event of a will, it must be noted that this
constitutes the will null and void as far as the minimum forced share is
concerned. This is an absolute nullity that can be raised by anyone and can
even be examined sua sponte by the
Court. The person entitled to the minimum forced inheritance share formally
obtains the inherited share (in a final manner) by accepting the inheritance
and finally looses it by denouncing it.
January 2020
“The content of this website do not constitute legal advice and under no circumstances should they be considered as such, until our office is retained and has reviewed the complete file of the client’s case”