Inheritance contracts and advance renunciation: new estate planning tools under Greek law
For the first time, Greek law permits binding agreements over a future succession. Since 16 September 2026 two new instruments are available: the inheritance contract mortis causa and the advance renunciation agreement.
From prohibition to planning tool
Until 2026 any contract concerning the succession of a living person was void under Greek law. Law 5303/2026 lifted that prohibition, bringing Greece into line with Germany, Austria and Switzerland, where such contracts have long been part of family and business succession planning.
The inheritance contract mortis causa
By an inheritance contract mortis causa (κληρονομική σύμβαση αιτία θανάτου), concluded before a notary with the parties present in person, a person may appoint an heir, create a fideicommissum, a legacy or a modus, and choose the law applicable to his or her succession (Article 1798 of the Civil Code). The beneficiary may be the other contracting party or a third party, and several persons – typically spouses – may dispose of their estates in the same instrument.
The distinctive feature is bindingness. The dispositions listed in Article 1798 cannot be revoked unilaterally; a later will, or a later inheritance contract with another party, is ineffective to the extent that it conflicts with them (Articles 1799–1800). The deceased may revoke only if the beneficiary commits a wrong which, in the case of a forced heir, would justify deprivation of the lawful portion (Article 1804).
The contract does not restrict the deceased’s freedom to deal with assets during life, unless the parties agree otherwise. Gratuitous dispositions made to the detriment of the beneficiary may, however, be set aside by court action after the death, within two years of publication of the contract and in any event within five years of the disposition (Article 1801). The contract may be made in return for consideration provided during the deceased’s lifetime – for example maintenance or care – in which case either party may withdraw in the circumstances set out in Article 1805. After the death the contract is published in the Register of Wills like a will (Article 1806; Article 808B of the Code of Civil Procedure).
Advance renunciation of inheritance Rights
A prospective heir may now renounce in advance, by notarial agreement with the future deceased, all or part of his or her future rights in that person’s estate – whether arising by law or under an existing will – including the forced share. The renunciation may be made with or without consideration and must be unconditional (Articles 1838–1839). The person who renounces is treated as having predeceased, and in case of doubt the renunciation binds his or her descendants as well; the future deceased nevertheless remains free to benefit the renouncing party by a later disposition (Article 1840). Where consideration is agreed, it must be paid within six months of the agreement, failing which the renunciation does not take effect (Article 1841).
Why this matters for international families
The express power to choose the applicable law in an inheritance contract gives clients with ties to several countries a binding way to fix the law governing their Greek succession, in a form recognised under Article 25 of the EU Succession Regulation. The advance renunciation, in turn, allows a child living abroad to be ‘settled’ during the parent’s lifetime so that a Greek property or business can pass cleanly to the child who remains in Greece. Both instruments require careful coordination with the tax treatment of the consideration and with the law of the other jurisdictions involved.
How we can help
We advise on the design and notarial execution of inheritance contracts and renunciation agreements, including their interaction with foreign succession and tax law.
Updated October 2026. This article reflects Law 5303/2026, applicable to successions opening on or after 16 September 2026, and is for general information only; it does not constitute legal advice.
* 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.