Iason Skouzos – TaxLaw

Lasting Powers of Attorney and Greek Law: Why a Greek Power of Attorney Cannot Be Relied Upon After Loss of Capacity

Angeliki Spyridon — Wed, 21 Oct 2026 12:09:16 +0000

Clients with assets in Greece increasingly ask us to prepare a power of attorney that will continue to operate if they lose mental capacity – the equivalent of an English lasting power of attorney, or a mandate of the kind recognized under the 2000 Hague Convention on the International Protection of Adults. The request is understandable: it is now standard planning in many jurisdictions. Under Greek law, however, such an instrument does not exist as a recognized category, and a Greek power of attorney drafted to survive incapacity should not be relied upon for that purpose. This article explains why....

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Fideicommissum: the Greek ‘trust’ in succession law

Angeliki Spyridon — Tue, 20 Oct 2026 13:11:15 +0000

Greek law does not recognise the common-law trust, but it offers a long-established mechanism for successive heirship – the fideicommissum (καταπίστευμα) – which the 2026 reform has preserved and refined. What it is A testator may appoint an heir but oblige that heir to hand over the estate, or a share of it, to another person – the fideicommissary – on a specified event or point in time, typically the first heir’s death (Article 1904 of the Civil Code). The first heir is a true heir for the interim period; the fideicommissary is the testator’s second, successive heir and acquires...

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Joint bank accounts and inheritance in Greece

Angeliki Spyridon — Tue, 20 Oct 2026 13:07:14 +0000

Joint accounts are a common and tax-efficient way of passing cash on death in Greece – but only if the account is set up correctly, and the forced share may still bite. The survivorship clause Under Law 5638/1932, when a joint account holder dies the balance does not form part of his or her estate but accrues to the surviving holders, free of inheritance tax, provided the account was opened with the survivorship term of Article 2 of that law (the so-called ‘joint account No 2’). The exemption does not extend to the heirs of the last surviving holder. Without...

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Prenuptial agreements and succession planning between spouses in Greece

Angeliki Spyridon — Tue, 20 Oct 2026 12:49:02 +0000

Prenuptial agreements regulating the spouses’ property during marriage remain unenforceable in Greece. Since 2026, however, spouses can bind themselves as regards what happens on death. The position during marriage Greek family law does not recognise prenuptial agreements altering the statutory property regime of separate estates. Such an agreement is void as contrary to public policy and morality, and the spouses’ only choice is the optional community of acquisitions provided for by the Civil Code. The statutory claim to participation in the other spouse’s acquisitions on divorce cannot be excluded in advance. The position on death Here the 2026 reform changes...

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Executors of wills under the new Greek succession law

Angeliki Spyridon — Tue, 20 Oct 2026 12:47:31 +0000

The 2026 reform strengthened the position of the executor of a will and clarified the limits of his or her powers. What testators, heirs and foreign fiduciaries need to know. Appointment An executor is appointed by the testator in the will or – new since 2026 – in an inheritance contract mortis causa. One or more natural or legal persons may be appointed, and the testator may authorise the executor to designate co-executors or successors (Article 1984 of the Civil Code). The appointment cannot be made by inter vivos deed or left to the discretion of a third party (Article...

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Judicial assistance (legal guardianship) for adults in Greece

Angeliki Spyridon — Tue, 20 Oct 2026 12:45:58 +0000

When an adult can no longer manage his or her affairs, Greek law provides for court-ordered judicial assistance. This article outlines when it applies and how it is obtained. What judicial assistance is Judicial assistance (δικαστική συμπαράσταση), regulated by Articles 1666–1694 of the Civil Code, is the protective regime for an adult who, because of a mental or intellectual disorder or a physical disability, is unable to handle his or her own affairs. It can only be ordered by a court; no private arrangement, power of attorney or family decision can place a person under judicial assistance. The competent court...

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Intestate succession in Greece: who inherits when there is no will (rules from 16 September 2026)

Angeliki Spyridon — Tue, 20 Oct 2026 12:44:30 +0000

Law 5303/2026 reordered the Greek intestate succession ranks, strengthened the surviving spouse and gave cohabiting partners rights for the first time. Here is the new order of succession. The six ranks Where there is no will or inheritance contract, the Civil Code calls heirs in six successive ranks (Articles 1808–1818). A rank is called only if no one in the preceding rank inherits; within a rank, descendants of a predeceased relative step into his or her place (succession per stirpes). First rank: descendants and spouse The children of the deceased inherit in equal shares, grandchildren taking the place of a...

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The forced share (νόμιμη μοίρα) after the 2026 reform: from co-ownership to a monetary claim

Angeliki Spyridon — Tue, 20 Oct 2026 12:42:41 +0000

The most consequential change of Law 5303/2026 for estate planning is the transformation of the Greek forced share. The protected heirs and their fraction remain the same; the nature of their right has changed fundamentally. Who is protected, and how much Descendants, parents and the surviving spouse who would have inherited on intestacy are entitled to a lawful portion equal to one-half of the value of their intestate share (Article 1820 of the Civil Code). In computing the intestate share, persons who have been deprived of the forced share, have renounced the inheritance or their rights in advance, or are...

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Foreign wills and Greek assets: which law applies and how a foreign will is recognised in Greece

Angeliki Spyridon — Tue, 20 Oct 2026 11:34:48 +0000

Many of our clients own Greek property but have made their will abroad. This article sets out how Greek law and the EU Succession Regulation determine the validity of such wills and the steps needed to use them in Greece. The conflict-of-laws framework Under the Greek Civil Code a legal act is formally valid if it complies with the law governing its substance, the law of the place where it was made or the national law of the parties (Article 11), and succession is governed by the law of the deceased’s nationality at death (Article 28). For deaths since 17...

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How wills are published in Greece: the Register of Wills and the role of the notary

Angeliki Spyridon — Tue, 20 Oct 2026 11:28:44 +0000

Greece has moved the publication of wills from the courts to notaries and an electronic Register of Wills. This article explains the current procedure under Law 5221/2025 and Law 5303/2026. Why publication matters Greek law does not know the common-law grant of probate. Instead, every will must be ‘published’ (δημοσίευση) after the death: its full text is recorded in an official deed so that heirs, creditors and third parties can rely on it. Publication is a matter of public policy; a clause in a will purporting to prevent it is void. Non-compliance with the publication rules does not, however, affect...

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