Articles 1847 et seq. Greek Civil Code (GCC) govern renunciation. As a general rule (Art. 1710 GCC), the estate devolves automatically and by law upon the heir at the time of the decedent’s death. However, this transfer is provisional because the heir reserves the right to renounce the inheritance (Art. 1847 GCC). By exception, the State may not renounce an inheritance(Art. 1848(2) GCC).
Legal nature and form
Renunciation is a unilateral act subject to formal requirements, irrevocable and inadmissible if made conditionally or for a limited time. The right of renunciation is inheritable (Art. 1854 GCC) but not transferable. In a community of heirs, each co‑heir may renounce their own share (Art. 1855(2) GCC).
Renunciation must be declared before the secretariat of the probate court (Art. 1848(1) GCC; Art. 812 CCP). If renunciation is done through a representative, a special notarial power of attorney must be produced (Art. 1848(1) sentence 2 GCC). The right is strictly personal; neither may renounce the inheritance or compel the heir to renounce it.
Under Art. 13 of EU Regulation No. 650/2012, the courts of the Member State where the person had their habitual residence are competent to receive declarations of acceptance or renunciation provided that such declarations are permitted under the national law.
Deadlines
Renunciation must be declared within four months from the date the heir becomes aware of both the death and the basis of their entitlement. This period is extended to one year if the decedent’s last habitual residence was abroad or the heir became aware of the death while abroad (Art. 1847(2) GCC). This period begins from the time the heir acquires actual knowledge. Exception: in cases of testamentary succession, this period commences from the opening of the will (Art. 1847(1) GCC). If the heir is in error as to the nature of the estate or the basis of their entitlement, the renunciation period does not begin. A renunciation made after the expiry of the prescribed period is void (Art. 1850 GCC) and the estate is deemed to have been accepted.
In cases where the heir lacks legal capacity, the assessment of knowledge is made with reference to the person representing them. In the case of minors, renunciation made by their parents or guardian requires prior recommendation from a supervisory committee and court approval (Arts. 1625, 1526 GCC). If the heir dies while the renunciation period is still running, the period does not expire before the end of the period applicable to the renunciation of the heir’s own estate (Art. 1855(1) GCC).
Nullity and avoidance
Renunciation is void (Arts. 1850–1851 GCC) if: made after the expiry of the prescribed period; made before the devolution; made conditionally or for a limited time; the sole heir renounces part of the estate or a co‑heir renounces part of their share; or made following explicit or tacit acceptance (Art. 1849 GCC). It is voidable (Art. 1857(2) GCC) if renunciation is attributed to error, duress, or fraud; the avoidance action must be filed within six months.
By exception, acceptance after renunciation is possible (Arts. 1807, 1809 GCC) if the decedent appointed no substitute heir, no accrual was ordered, and intestate succession results. The right to renounce is inheritable and passes to the heir’s heirs if the heir dies during the renunciation period (Art. 1854 GCC).
Effects
Following renunciation, the devolution of the estate is deemed never to have occurred: the renouncing person is treated as if they were never an heir. The estate then passes to the person who would have inherited if the renouncing person had not survived. Those next in line may themselves renounce the inheritance.
(As of March 2023. All information provided without guarantee.)