Will formalities and enforceability of foreign wills under Greek inheritance law
The Hellenic Civil Code recognizes both ordinary types of wills and extraordinary types of wills relating to special cases. The most common types of wills are holograph wills (Article 1721 of the Hellenic Civil Code), public wills (Article 1724 of the Hellenic Civil Code) and mystic wills (Article 1738 of the Hellenic Civil Code).
The holograph will (Article 1721 of the Hellenic Civil Code) is the simplest way of expressing the last statement of the testator’s intentions since it is prepared by the testator himself without the presence of witnesses. In order to be valid, it must (a) be written (and therefore be recorded in writing) in full and exclusively by the testator himself, (b) necessarily contain the date on which it was prepared, namely the date, month and year, or such can be deduced from the content of the will and (c) bear the handwritten signature of the testator (and therefore it must not be affixed using mechanical means such as a seal). Although it is the easiest and most accessible form of will, a holograph will, its authenticity can be challenged and its validity contested. Anyone who is not able to read handwritten documents cannot prepare a holograph will.
A public will (Article 1724 of the Hellenic Civil Code) is the most formal transaction available in contemporary law and is the will with the most formalities, and the fact that it is prepared before a notary public gives it added evidentiary value as a public document. More specifically, the testator states orally his last will before the notary public and three witnesses or a second notary public and one witness must necessarily be present. They must be present during the entire proceedings and take an oath in advance that they will observe with the secrecy of the contents of the will. The notary public then prepares a deed, the so-called testamentary report which contains (a) the date, month, year and place of its drafting, (b) the precise details of the testator so that there is no doubt about his identity, (c) the name and surname of the notary public and witnesses, (d) a statement of the testator’s last will and (e) an indication that the testator’s intention was stated orally and that the persons assisting in the drafting of the will were present. Lastly, the deed is read to the testator and signed by him and the witnesses.
The mystic will (Article 1738 of the Hellenic Civil Code) is an intermediate form of will that lies between public and holograph wills. In the first stage the testator prepares his final will either himself or via a third party. In a second stage the testator signs and hands the document to a notary public in the presence of three witnesses (or a second notary public and one witness) which will then be sealed so that at the time of opening there is no damage to it, and on the document itself or enclosure thereof the notary public notes the testator’s name and surname and the date of delivery and that note is then signed by the testator and the persons who are assisting him the preparation of the will. The notary public then prepares a deed relating to this specific process.
* 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.