Prenuptial agreements and succession planning between spouses in Greece
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 the picture. Spouses – like any other persons – may now conclude an inheritance contract mortis causa appointing each other as heirs, creating legacies or a fideicommissum, and even choosing the applicable law (Article 1798 of the Civil Code). They may equally agree, by advance renunciation, that one of them waives all or part of his or her future inheritance rights, including the forced share, in the other’s estate (Article 1838). Both agreements require notarial form and personal attendance.
Spouses should also note that the surviving spouse’s inheritance rights are lost if divorce or dissolution proceedings are pending at death, and in the case of divorce by consent as soon as the agreement is signed or the joint digital declaration filed (Article 1812). A will in favour of a spouse is in case of doubt voidable where the marriage has been dissolved or divorce proceedings on a valid ground were commenced by the testator (Article 1770).
How we can help
We advise couples, including international couples relocating to Greece, on matrimonial property and the coordination of succession arrangements across jurisdictions.
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.