The rules of intestate succession under Greek law
Where there is an inheritance under Greek law without a will (intestate succession) there are six ranks which are used to determine who is called upon to inherit the estate first, second, third, fourth, fifth and sixth, so that they can either accept or relinquish the inheritance.
- If the first rank is called, the ranks below will be disqualified. In other words, if the heirs of the first class are called upon to inherit, the heirs in second, third, fourth, and other ranks are excluded.
- If the heirs of one rank decline or forfeit their inheritance in any manner, the heirs of the next rank shall follow.
First rank
The descendants of the testator are called upon to join the first rank, in other words the first rank consists of the children of the deceased who are called upon to either accept or renounce the inheritance. Children inherit in equal portions, in other words they each receive the same percentage.
Where at the time of death of the deceased one of his children is no longer alive, but that person has children who are alive (who are grandchildren of the deceased), the grandchildren shall assume the position of the child no longer alive (succession per stirpes).
The surviving spouse of the deceased man or woman shall be in the first rank and shall join the other heirs and shall inherit 1/4 of the estate of the deceased (in other words 3/4 goes to the children and 1/4 the surviving spouse).
Second rank
If there are no heirs at the first rank (children and grandchildren of the deceased) then heirs in the second rank are called upon to inherit.
In the second rank we find the parents of the testator, the siblings and the children and grandparents of brothers who have died before the deceased are invited to inherit in other words the second rank relates to the parents and siblings of the deceased. However, if the siblings have died before the deceased, the children of the siblings (nephews and nieces) and their grandchildren respectively are called upon to inherit, but they are precluded from inheritance where there are children of siblings (nephews and nieces).
Half-brothers and half-sisters, in the estate, along side parents or full brothers or sisters or the children or grandchildren of the latter shall receive half of the portion corresponding to full brothers or sisters. Children or grandchildren of half-brothers and sisters who have died before the testator also receive a half portion.
The surviving spouse of the deceased man or woman in the second rank inherits 1⁄2 of the estate of the deceased man or woman.
Third rank
The third rank consists of the grandfathers and grandmothers of the deceased, and of their descendants, their children and grandchildren, namely uncles (children of grandparents) and cousins (grandchildren of grandparents) of the deceased.
If the grandfathers and grandmothers in both lines are alive, they alone inherit in equal portions. This excludes the uncles and cousins of the deceased, and the grandfathers and grandmothers from both lines (paternal and maternal) inherit in equal portions.
If the grandfather or grandmother from the paternal or material line is not alive, said person’s children and grandchildren will take up the position of the deceased grandfather or grandmother. Only if the grandfather or grandmother has died will the uncles and cousins appear [in the line of succession].
If there are no children or grandchildren (uncles and cousin of the deceased testator), the portion of the person who has died shall devolve to the grandfather or grandmother in the same line, and if there is no such person, to his/her children and grandchildren.
If the grandfather and grandmother from either the paternal or from the maternal line are not alive, and there are no children or grandchildren of those person who have died, only the grandfather or grandmother or their children and grandchildren from the other line inherit.
How do they inherit and to what extent?
- The children inherited in equal portion and exclude the grandchildren of the other stirpes.
- Grandchildren inherit per stirpes.
The surviving spouse of the deceased man or woman in the second rank inherits 1⁄2 of the estate of the deceased man or woman.
Fourth rank
The fourth rank consists of the great-grandfathers and great-grandmothers of the deceased who are alive and they inherit in equal portions, irrespective of whether they belong to the same or different lines.
The surviving spouse of the deceased man or woman in the fourth class inherits 1⁄2 of the estate of the deceased man or woman.
Moreover, the surviving spouse of the deceased man or woman takes the furniture, utensils, clothing and other household effects which were being used by the surviving spouse alone or both spouses; this is a preciput, and is irrespective of the rank in which he/she is called.
However, if there are children of the deceased spouse, regard shall be had to their needs where special circumstances so require on grounds of clemency.
Fifth rank
If there are no relatives in the first, second, third and fourth ranks, the surviving spouse shall be called as intestate heir for the entire estate.
Sixth rank
If at the time of devolution of the estate, there is no relative among the persons who can be called upon in law to inherit, nor is there any spouse of the testator, the State shall be called as the intestate heir.
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