The New Greek Inheritance Law (Law 5303/2026) – what foreign clients need to know
Greece’s New Inheritance Law: 13 Practical Questions and Answers
What changes for families, property owners and international clients under Law 5303/2026?
Greece has introduced one of the most significant reforms of its inheritance law in decades. Law 5303/2026 modernises succession planning, introduces inheritance contracts, changes the nature of forced-heirship rights, strengthens the position of surviving spouses and substantially limits heirs’ personal liability for inheritance debts.
The reform is particularly relevant to internationally connected families, foreign nationals residing in Greece, and individuals owning Greek real estate or family businesses.
An important clarification for international estates
Owning property in Greece does not necessarily mean that Greek inheritance law governs its succession.
Under EU Regulation 650/2012, succession is generally governed by the law of the deceased’s habitual residence at the time of death, unless a valid choice of law has been made or another applicable rule leads to a different result.
An individual may generally choose the law of a country whose nationality they possess to govern their succession. This may be particularly important for foreign nationals who have relocated to Greece.
The Regulation generally adopts a unitary approach to succession, meaning that the applicable law governs the estate as a whole, rather than automatically applying different succession laws to assets located in different countries. Certain exceptions and special rules may nevertheless apply.
Accordingly, the changes described below are relevant where Greek substantive inheritance law applies. Determining the applicable law is an essential first step in any cross-border estate planning exercise.
- What is the new law and when does it take effect?
Law 5303/2026 (Government Gazette A΄ 81/22 May 2026) substantially reforms Greek succession law by replacing the Fifth Book of the Greek Civil Code.
The principal changes apply to estates of individuals who die on or after 16 September 2026.
However, the legislation contains important transitional exceptions. These include rules concerning certain previously unpublished holographic wills and the partition of estates where death occurred before that date.
The applicable regime must therefore be determined by reference to the particular legal issue and the relevant transitional provisions.
The reform responds to changes in family structures, longer life expectancy, the increasing importance of business succession planning and the practical difficulties associated with inherited debts and family co-ownership.
- If someone already has a will, do they need to redo it?
Not necessarily.
A will executed before the reform is generally assessed under the previous rules concerning its form and the testator’s capacity, even if the testator dies after the new legislation becomes applicable.
However, its substantive consequences may be affected by the new rules, particularly those concerning forced heirship and surviving spouses.
There is therefore no need to replace every existing will automatically.
Nevertheless, a review is advisable, particularly for blended families, business owners and individuals with assets or family members in several countries.
For foreign nationals, the review should also establish whether the will contains a valid choice of applicable succession law and whether that choice continues to reflect the testator’s intentions.
- What is the most important change for ordinary families?
One of the most significant changes concerns the Greek forced share (νόμιμη μοίρα).
Previously, a protected family member excluded from a will could acquire the status of co-heir, potentially creating unwanted co-ownership of real estate or businesses.
Under the new law, the forced share becomes a monetary claim rather than an automatic entitlement to a share of the estate’s assets.
This is particularly important for family businesses and real estate. It allows assets to pass to the intended beneficiaries without necessarily creating co-ownership with other protected family members, who instead receive a financial claim.
The protected categories remain descendants, parents and surviving spouses. The forced share generally remains equal to half the beneficiary’s intestate entitlement.
The new monetary claim benefits from statutory protections, including preferential treatment in enforcement and security mechanisms involving estate property.
The claim is subject to a two-year limitation period calculated from the end of the year in which the beneficiary became aware of it, as well as an ultimate twenty-year limitation period from death.
- Why does this matter to foreigners living in Greece?
Foreign nationals sometimes assume that the succession rules familiar to them in their country of origin will also apply to their Greek property.
That assumption can be incorrect.
Where Greek inheritance law applies, the conversion of the forced share into a monetary claim may make it easier to preserve the ownership and management of family businesses and real estate while protecting the financial interests of close relatives.
The reform also changes the treatment of certain lifetime gifts for forced-share calculations, including reducing the relevant period for gifts to third parties from ten to five years.
For example, a foreign national who has settled permanently in Greece may wish to leave a Greek property or business to one child while making separate provision for other family members.
The new framework may facilitate that objective, although protected family members may still have monetary claims.
For international families, however, the starting point remains the determination of the applicable succession law under EU Regulation 650/2012.
Greek forced-heirship rules should not automatically be assumed to apply merely because the deceased owned assets in Greece.
- What are inheritance contracts?
One of the most important innovations is the introduction of inheritance contracts (κληρονομικές συμβάσεις αιτία θανάτου).
Greek law now permits certain binding arrangements concerning future succession, concluded through a prescribed notarial procedure.
Unlike an ordinary will, a binding contractual disposition generally cannot be revoked unilaterally simply by executing a later inconsistent will.
Inheritance contracts may be particularly useful for business succession, family settlements and arrangements involving children from different relationships.
For example, parents may wish to secure the succession of a family business by one child while making separate financial arrangements for other family members.
The future deceased generally retains freedom to deal with assets during their lifetime, subject to applicable contractual restrictions and remedies concerning certain gratuitous transfers intended to prejudice the beneficiary.
Inheritance contracts therefore offer greater predictability than an ordinary will, but also involve a greater degree of legal commitment.
They should be used where the parties have carefully considered their long-term family and financial objectives.
- Are inheritance contracts particularly useful for international families?
Potentially, yes.
Inheritance contracts are familiar in several European legal systems, including Germany, Austria and Switzerland. Their introduction into Greek law offers additional planning options for internationally connected families.
However, the choice of applicable succession law is not unrestricted.
An inheritance contract may contain a binding choice of the law governing succession, provided that the choice is permitted under the applicable private international law rules.
For estates falling within EU Regulation 650/2012, the freedom to choose the governing law is generally linked to the testator’s nationality.
The admissibility, substantive validity and binding effects of an inheritance agreement must also be assessed under the Regulation’s specific provisions on agreements as to succession, particularly Article 25.
An inheritance contract should therefore not be described as allowing the parties to select any legal system they prefer.
For international families, the contract must be coordinated with the law governing succession, the legal systems in which assets are situated and the relevant tax consequences.
- Can a future heir renounce inheritance rights in advance?
Yes.
The reform introduces contractual arrangements allowing a prospective heir to renounce future inheritance rights, in whole or in part, before the prospective deceased has died.
The arrangement must comply with statutory formalities, including execution before a notary.
Depending on its terms and the applicable provisions, the renunciation may also affect the renouncing person’s descendants.
This can be a valuable planning instrument where parents wish to transfer a family business or property to one child while providing separately for another.
For example, one child may receive financial provision during the parent’s lifetime and agree to renounce future inheritance rights, allowing another child to succeed to the family business.
Such arrangements may reduce uncertainty and potential disputes following the parent’s death.
However, the legal and tax consequences of any consideration paid in exchange for the renunciation should be examined before the agreement is concluded.
In particular, the civil-law characterization of the arrangement does not automatically determine its treatment for inheritance or gift tax purposes.
- Are handwritten wills still valid?
Yes.
Holographic wills remain recognized under Greek law.
However, the reform introduces additional safeguards regarding their publication and the circumstances in which they produce legal effects before being formally declared valid.
Under Article 1763 of the Civil Code, a published holographic will deposited for safekeeping by the testator with a notary may produce legal effects before being declared valid.
Where a will has not been deposited, it may produce legal effects before such declaration if it also benefits descendants or the surviving spouse.
In other cases, a declaration of validity is required before the will produces legal effects.
A declaration is also required where the will is published more than two years after the testator’s death, regardless of the beneficiaries’ identities.
These requirements should not be confused with automatic invalidity.
The new legislation provides for a notarial procedure for declaring a holographic will valid, involving evidence of the authenticity of the testator’s handwriting and signature.
The failure to comply with the publication-related requirements does not, in itself, render the will invalid.
For individuals who already have a handwritten Greek will, depositing it with a notary and reviewing its terms are sensible precautions.
Special attention should also be paid to the transitional provisions affecting certain holographic wills that remained unpublished when the reform was enacted.
- What changes for surviving spouses and unmarried partners?
9a. What does the surviving spouse inherit when there are children?
Where the deceased leaves one child, the surviving spouse’s intestate share increases to one third.
Where there are two or more children, the spouse generally receives one quarter.
The calculation must take account of the descendants who are legally called to inherit, including applicable representation rules.
This change strengthens the surviving spouse’s position in smaller families.
For example, where a married individual dies leaving a spouse and one child, the spouse generally receives one third of the estate and the child receives the remaining two thirds, assuming intestate succession and no other relevant circumstances.
Where there are two children, the spouse generally receives one quarter, and the children share the remaining three quarters.
9b. What happens if there are no children?
Where the spouse inherits alongside second-class relatives, including parents, siblings and qualifying descendants of siblings, the spouse generally receives half the estate.
The other half passes according to the statutory rules governing those relatives.
If no relatives of the first or second class are called to inherit, the surviving spouse becomes the sole intestate heir.
This is a significant improvement in the position of surviving spouses, particularly in older couples without children.
Under the previous rules, more distant relatives could inherit alongside the surviving spouse. The reform substantially strengthens the spouse’s position by excluding those more distant relatives where a surviving spouse exists.
9c. Does the spouse receive additional protection?
Yes.
The surviving spouse continues to benefit from the statutory entitlement to certain household effects.
The reform also introduces a right to exclusive, rent-free use of the property serving as the couple’s principal family home for one year after death, where the statutory conditions are met.
Additionally, the spouse may apply to the inheritance court for the award of usufruct over estate assets instead of the ordinary intestate inheritance share.
This option is subject to specific statutory requirements and a deadline linked to the expiry of the inheritance-renunciation periods.
These provisions may be particularly useful in second marriages and blended families, where the interests of the surviving spouse and the deceased’s children may differ.
For example, the surviving spouse may wish to remain in the family home, while the deceased’s children from a previous marriage are intended to inherit the underlying ownership.
The new rules provide additional mechanisms for accommodating these competing interests.
9d. Can a separated spouse lose inheritance rights?
Yes, but separation alone should not be treated as automatically extinguishing inheritance rights after a fixed two-year period.
The law addresses circumstances in which divorce or dissolution proceedings are pending, including where the parties have concluded the relevant agreement for consensual divorce.
The consequences for intestate succession, forced heirship and dispositions under a will must be distinguished.
A testamentary provision in favor of a spouse may be voidable in specified circumstances; it should not be described as automatically void in every case.
For separated couples, it is therefore particularly important to review existing wills and succession arrangements rather than assuming that separation alone has resolved the inheritance position.
9e. What about unmarried couples?
The reform introduces limited protection for partners who lived together in a stable relationship without marriage or a civil partnership.
Depending on the statutory conditions, protection may include certain household effects and temporary use of the shared home.
An unmarried partner may also qualify as an intestate heir where no spouse or qualifying relatives are called to inherit.
The legislation generally refers to three years of cohabitation before death, but also contains a special rule involving common children.
These rights are more limited than those of a spouse.
In particular, an unmarried partner does not automatically receive the same statutory inheritance share as a surviving spouse.
Consequently, unmarried couples who wish to provide financial security for each other should consider making express succession arrangements rather than relying exclusively on statutory protection.
This is especially important for foreign nationals who have lived together in Greece for many years without marrying or entering into a civil partnership.
- What happens to inheritance debts?
Another major reform concerns heirs’ liability for estate debts.
Under the new framework, an heir’s liability is generally limited to the inherited estate rather than automatically extending to their personal assets.
This is a substantial departure from the previous regime, under which heirs often felt compelled to renounce inheritances because they could not reliably establish the extent of the deceased’s liabilities.
The reform also strengthens the mechanisms for judicial liquidation of estates.
However, personal liability can still arise in specified circumstances, including certain acts involving estate property or an election to dispose of the estate without the ordinary restrictions.
The new framework therefore significantly reduces the risks associated with inheriting an indebted estate, but it does not eliminate the need for legal and financial due diligence.
For example, a foreign resident inheriting Greek real estate should still investigate outstanding loans, tax liabilities, encumbrances and other obligations before deciding how to proceed.
The practical message is that renunciation should no longer be viewed as the automatic precautionary response to an uncertain estate. Nevertheless, each inheritance must be assessed on its own facts.
- What changes for minor heirs?
The reform makes it particularly important for parents and guardians to address inheritance matters promptly when a minor is called to inherit.
The new Article 1845 of the Civil Code provides for a general renunciation period of four months, extended to one year in specified cross-border circumstances.
The previous special protection associated with renunciation following the minor’s attainment of adulthood has been abolished for cases governed by the new regime.
The law also introduces specific safeguards concerning the management and disposal of inherited assets belonging to minors.
Under Article 1527, parents may obtain judicial authorisation for certain acts only if statutory conditions are satisfied, including the assumption of personal liability for inheritance obligations.
Families living abroad should seek advice as soon as a minor becomes entitled to an inheritance, rather than assuming that the decision can safely be postponed until adulthood.
- Are there any new protections for people who cared for the deceased?
Yes.
Article 1819 of the Civil Code introduces a statutory legacy for a person who provided substantial care to the deceased for at least six months during the final three years of their life, without corresponding payment or a legal obligation to provide that care.
The beneficiary may also be an heir or a forced-share beneficiary.
The legacy is generally monetary.
Its value is determined by reference to factors such as the nature, duration and extent of the deceased’s needs covered by the carer.
For example, a person who provided substantial unpaid assistance to an elderly individual over a prolonged period may qualify, provided the statutory conditions are satisfied.
In appropriate circumstances, the court may award an estate asset of corresponding value instead of money.
The deceased may exclude this statutory legacy by will.
The reform also expands certain grounds relating to incapacity and unworthiness to inherit, including serious offences against the deceased.
- What should individuals with Greek assets do now?
Three practical steps are recommended.
First, review existing wills.
This is particularly important where there are children from different relationships, unmarried partners, substantial real estate holdings or family businesses.
Foreign nationals should also review any choice-of-law provisions and ensure that their succession arrangements remain consistent across jurisdictions.
Second, consider the new succession planning instruments.
Inheritance contracts and advance renunciation arrangements may offer greater certainty in family succession and business continuity.
However, these instruments involve binding commitments and should be implemented only after examining their civil-law and tax consequences.
Third, reassess inheritance debt exposure.
The new liability rules may substantially reduce the need for precautionary renunciations, although each estate must still be examined on its own facts.
For international families, these steps should form part of a broader review covering the applicable succession law, EU Regulation 650/2012 and the separate tax consequences of inheritance, gifts and lifetime transfers.
Final considerations: succession law and taxation are separate matters
The reform creates important new opportunities for estate planning in Greece. However, three distinctions should be kept in mind.
First, Greek assets do not necessarily mean Greek succession law.
In international estates, the law governing succession must be determined separately, particularly under EU Regulation 650/2012. The deceased’s habitual residence, nationality and any valid choice of law can be decisive.
Second, greater flexibility does not mean the elimination of family protection.
The forced share continues to exist, although its legal nature changes. Likewise, inheritance contracts provide new planning opportunities but remain subject to statutory requirements and restrictions.
Third, civil-law efficiency does not necessarily translate into tax efficiency.
An arrangement that successfully transfers a family business, settles a future heir’s rights or protects a surviving spouse may still give rise to inheritance tax, gift tax or other tax consequences.
The Greek inheritance and gift tax framework must therefore be examined separately, particularly where the estate includes cross-border assets, non-Greek beneficiaries or lifetime transfers.
EU Regulation 650/2012 governs succession matters but does not harmonise inheritance taxation. The fact that one country’s law governs succession does not prevent another country from imposing inheritance or estate taxes under its own rules.
For internationally connected families, effective estate planning requires a coordinated assessment of succession law, tax residence, applicable international tax conventions where relevant, and the tax treatment of proposed transfers in each jurisdiction.
The overall message: Greece’s new inheritance law provides greater flexibility and legal certainty, but careful planning remains essential to ensure that family, business and tax objectives are achieved together.
Legal note: This article provides a general overview of Law 5303/2026 and does not constitute legal advice. The application of the new rules depends on the facts of each case, the applicable succession law and the relevant transitional provisions. Cross-border estates may also be affected by foreign succession laws and separate inheritance, estate or gift tax rules.
* 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.