Inheritance Rights of a cohabiting partner” / “de facto partner”
The recent recognition, under Law 5303/2026, of inheritance rights in favor of a person who was in a stable and permanent common-law relationship with the decedent constitutes one of the most significant developments in Greek inheritance law. The legislature, taking into account contemporary forms of family cohabitation, provides specific protection to the surviving partner, both through rights to certain assets and through the possibility of participating in intestate succession.
This protection is not identical to that afforded to a spouse, nor does it lead to a complete equivalence of the two institutions. However, the surviving cohabitant now acquires substantive rights, which, under specific conditions, may extend as far as full inheritance.
- Inclusion in Intestate Succession (Article 1817 of the Civil Code)
According to Article 1817 of the Civil Code, a person who was permanently cohabiting with the decedent is included in the fifth class of intestate heirs.
This inclusion applies only in cases where there are no relatives in preceding classes, in accordance with the system of intestate succession. This recognition reflects the legislature’s intent to provide protection for a genuine family bond, even in the absence of marriage or a domestic partnership agreement.
- Specific Rights of the Surviving Partner
In addition to the right to inherit, the law grants the surviving partner a series of specific rights aimed at protecting their daily life following the death of their partner.
2.1 Right to “personal effects”
The so-called “personal effects” include household goods and items that served the daily needs of the partners’ shared life.
To establish this right, the following is required:
- cohabitation for at least three (3) years prior to the decedent’s death, or
- the existence of common children, without a minimum duration of cohabitation being required.
A fundamental prerequisite is the absence of a spouse of the decedent.
This provision aims to preserve the aspects related to the daily organization of their shared life and to prevent the sudden deprivation of basic necessities for the surviving partner.
2.2 Right to Use the Primary Residence
Of particular importance is the provision for the protection of the surviving spouse’s home.
Specifically, the surviving spouse is granted the right to exclusive and gratuitous use of the primary residence for a period of one (1) year following the death of the decedent.
For this right to arise, the following conditions must be met:
- the absence of a spouse,
- the property must have been the primary residence of the cohabiting partners,
- and the partners must have lived together for at least three (3) years or have children in common.
This provision serves the need to ensure a transitional period of adjustment for the surviving cohabitant, without the risk of immediate eviction from the shared residence.
2.3 Full Succession
Under certain conditions, the surviving cohabitant may even become the sole heir.
This is possible when there are no:
- spouse,
- relatives of the decedent.
Additionally required:
- a three-year cohabitation or the existence of common children,
- and a court certification of the cohabitation.
The acquisition of the inheritance is retroactive to the time of death, but is subject to the condition that an application be filed in a timely manner within the deadline for renouncing the inheritance, that is, within four (4) months from the time the right to inherit became known and the reason for it, in accordance with Article 1845 of the Civil Code in conjunction with Article 1817 of the Civil Code.
- The procedure for judicial certification of cohabitation (Article 812A of the Code of Civil Procedure)
Recognition of the above rights does not occur automatically.
The interested party must file a petition with the competent court to establish that the legal requirements have been met.
As part of the proceedings, the court examines, in particular, whether there was a permanent and stable cohabitation for a period of at least three years prior to the death.
A particular procedural feature is the mandatory summons of the Greek State at least thirty (30) days before the hearing of the application.
The court certification serves as the primary mechanism for verifying the actual existence of the cohabitation relationship and is a prerequisite for the activation of the relevant inheritance rights.
- Inheritance by operation of law due to the provision of care (Article 1819 of the Civil Code)
In addition to the inheritance rights associated with cohabitation, the law provides special protection for a person who provided substantial care to the decedent during the period prior to his or her death.
Any person who meets the legal requirements may be eligible, but most commonly it is the surviving cohabiting partner.
The following are required:
- provision of care without compensation or without a legal obligation to do so,
- a duration of at least six (6) months within the last three years prior to death.
The benefit may consist of:
- a monetary amount commensurate with the care provided,
- or, exceptionally, the actual transfer of a specific asset.
This bequest takes precedence over other bequests and is excluded only if there is an explicit provision to that effect in the decedent’s will.
- The Limits of Protection for the Surviving Partner
Despite the significant strengthening of the surviving partner’s position, the legislature maintains substantial differences compared to that of a spouse.
Specifically, a cohabiting partner is not entitled to a statutory share (Article 1820 of the Civil Code).
Consequently:
- they may be completely disinherited by will,
- they have no claim to a minimum statutory share of the estate.
This is perhaps the most significant distinction between the status of a spouse and that of a cohabiting partner under inheritance law.
- Illustrative Applications
6.1 Death Without a Will and With Descendants
In this case, the descendants are the sole heirs.
The cohabiting partner:
- acquires the right of survivorship,
- retains the right to use the primary residence for one (1) year,
- may claim a legacy based on having provided care, provided the relevant conditions are met.
6.2 Death Without Relatives
If there is no spouse or relatives entitled to inherit, the surviving cohabiting partner may, following the required judicial certification of the cohabitation, become the sole heir of the deceased.
* The information is accurate to the best of our knowledge as at the time of writing. We have no obligation to update it. We accept no responsibility against any third party who is not a client of the firm and has not signed the terms of our engagement.