Validity of Wills under the New Greek Inheritance Law

A comparative review of the provisions governing the validity of wills shows that no substantial changes have been introduced between the previous and the new Greek inheritance law. The most significant change concerns the broadening of the concept of a testamentary disposition, which now covers not only wills but also inheritance contracts. Otherwise, the rules governing the validity of wills remain essentially unchanged.

The drafting or revocation of a will before the new inheritance law enters into force, i.e. before 16 September 2026, continues to be governed, as regards form and the testator’s capacity, by the law previously in force, even if the testator passes away after the new law takes effect (Article 33). By contrast, wills drafted after 16 September 2026 will be governed by the provisions of the new inheritance law.

As regards the general rules applicable to every type of will, the following changes should be noted. On the capacity to draft a will, the provision on minority is updated: minors who have not yet turned 16 are now considered incapable of drafting a will. Personal execution remains mandatory (Article 1716). Joint wills are now permitted and take effect as an inheritance contract (Article 1717). As regards the voidability of a will that omits a forced heir, under the new rule this voidability is now limited only to the extent that the intestate share of the omitted forced heir is affected, without any substantive change otherwise (Article 1771). Finally, the procedure for the publication of wills is modernized, as publication is now carried out through the dedicated electronic platform “Wills Registry,” maintained by the Notarial Associations (Article 1759).

With regard to the holographic (handwritten) will, it continues to be written entirely in the testator’s own hand, dated, and signed by the testator. The new law relaxes the strictness surrounding the dating of the will, as an incomplete date is now added to the grounds that do not automatically render a holographic will void, in the same way this already applied to a false or incorrect date. Simple additions in the margin or in a postscript must be signed by the testator, otherwise they are treated as if they had not been written. Deletions, interlineations, erasures, or other similar external defects of the will are now described by the notary carrying out its publication, rather than by the court as was the case under the previous regime, and may result in the total or partial invalidity of the will (Article 1721). As regards deposit, the holographic will is now deposited by the testator in person with a notary for safekeeping, in order to ensure that it reflects the testator’s genuine intent (Article 1722). A new restriction is also introduced for holographic wills drafted by persons hospitalized or under care at healthcare or social care institutions: such a will is void to the extent that it benefits persons connected with those institutions and their close relatives, unless those persons would in any event have been called to the inheritance on intestacy (Article 1724).

As regards the public will, it continues to be drafted through a declaration by the testator of their last will before a notary, but the presence of two witnesses is now required instead of the three previously required, who may be either two private witnesses or a second notary and one witness (Article 1725), while the remaining requirements concerning witnesses remain unchanged. As part of the modernization of the means provided for, in the case of a serious speech impairment, the testator may now use mechanical or electronic means enabling the vocal expression of their last will, or engage an interpreter, in accordance with Article 1738 (Article 1731). No new change has been introduced as regards the content of the public will.

Finally, as regards the drawing up of a secret will, the testator continues to hand a document to the notary, orally declaring that it contains their last will, but now in the presence of two witnesses instead of the three previously required, who may be either two private witnesses or a second notary and one witness (Article 1739).

* 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.