Articles 1825–1845 GCC regulate forced heirship. Unlike German law, where the forced‑share beneficiary has only a monetary claim against the heir, Greek law grants a true “notarial right” (Noterbrecht). Under Art. 1846 GCC, the forced‑share beneficiary acquires the forced‑share right immediately upon the opening of the succession and, under Art. 1825(2) GCC, participates as a true co‑heir in the estate to the extent of the forced‑share quota. This right is inheritable; the estate may be accepted or disclaimed.
Persons entitled to a forced share under Art. 1825(1) sentence 1 GCC are the descendants of the deceased (children, grandchildren, great‑grandchildren), the parents of the deceased, and the surviving spouse, provided they would be statutory heirs. Parents are entitled to a share of the estate only if there are no descendants (Art. 1819 GCC).
Under forced heirship, the beneficiary is entitled to half of the share they would receive under statutory succession (Art. 1825(1) sentence 2 GCC).
If a forced‑share beneficiary is either wholly or partially lawfully disinherited, has waived the forced share, or is unworthy to inherit, those entitled to succeed by statutory succession exercise the forced‑share right in their place (Art. 1826 GCC). In order to determine the statutory share on which the forced share is calculated, all heirs are taken into account, including those who have been disinherited, have disclaimed the inheritance, or have been declared unworthy (Art. 1830 GCC). According to prevailing case law, the loss of one forced‑share beneficiary does not result in accrual of their share to the remaining beneficiaries.
Under Art. 1827 GCC, the beneficiary is entitled to a supplementary claim if the share bequeathed to them is less than the statutory forced share. If a legacy is left whose value does not cover the forced share, the beneficiary may either accept the legacy and demand the shortfall from the heir (Art. 1828(1) sentence 2 GCC) or disclaim the legacy and claim the full forced share instead (Art. 1828(1) sentence 1, 2001(2) GCC). The decedent may satisfy the forced share during their lifetime (Art. 1833(1) in conjunction with 1831(2) GCC) through gratuitous transfers, provided that such transfers are chargeable and no exclusion of charging was stipulated. If only a limited real right of usufruct is left, the beneficiary still participates fully in the estate to the extent of the forced share, without restriction. Granting only usufruct (or only a right of habitation) constitutes an impermissible restriction (Art. 1829 GCC).
The prevailing view is that the forced share may also be satisfied in monetary form.
Infringement of the forced share
An infringement occurs if the beneficiary is either completely excluded from the will, receives less than the amount of the forced share, or is subjected to restrictions. When completely excluded, the beneficiary is entitled to a claim for the full forced share (Art. 1827 GCC). If they receive less than the forced share, the beneficiary may demand the shortfall. Restrictions (conditions, time limits, executorship) are deemed unwritten and therefore have no legal effect (Art. 1829 GCC).
In order to calculate the forced share, the statutory share must first be determined for all heirs, including those who have been disinherited, those who have disclaimed their share , and those who have been deemed unworthy (Art. 1825(1) sentence 2 GCC). The value of the estate at the time of death is calculated after deducting debts, funeral expenses and inventory costs (Art. 1831(1) GCC). Thereafter, gratuitous inter vivos transfers to a beneficiary and, under Art. 1831(2) GCC, all gifts made within the last ten years (except those made out of moral duty or propriety) are added back to the estate. Valuation may be by appraisal, including expert valuation if necessary.
Judicial enforcement
The forced‑share right may be enforced through an inheritance action (Arts. 1871 et seq. GCC). A pre-requisite of this action is the acceptance of the forced share, seeking recognition of the inheritance right, surrendering the estate up to the forced share amount, or surrendering specific assets. Active standing lies with the beneficiary, their heirs, entitled third parties, or creditors; passive standing lies with the estate possessor, their heirs, and successors.
Supplementary claims may be pursued through an action for “donation in breach of duty of care” (Arts. 1835–1838 GCC) to annul inter vivos gifts that jeopardize the forced share, provided the estate at the time of death is insufficient to cover the forced share. If successful, the gift is nullified prospectively (ex nunc). The donee may avert the action by paying the shortfall (Art. 1836(1) sentence 2 GCC). The limitation period for bringing such an action is two years (Art. 1836(2) GCC).
(As of March 2023. All information provided without guarantee.)