Renunciation of inheritance and deadlines under Greek law

Under Art. 1710 of the Greek Civil Code (ZGB), an inheritance passes to the heir directly and by operation of law upon the death of the deceased – however, this has only provisional effect, since Greek law, under Art. 1847 ZGB, provides for the possibility of disclaiming the inheritance.

An exception applies to the Treasury, which cannot disclaim an inheritance (Art. 1848 § 2 ZGB). A disclaimer is a unilateral legal act requiring a specific form, which is irrevocable and cannot be made subject to conditions; the right to disclaim is inheritable (Art. 1854 ZGB) but not transferable, and, in the case of a community of heirs, may be exercised separately by each co-heir for their own share (Art. 1855 § 2 ZGB).

The disclaimer must be formally declared before the secretary of the registry of the competent probate court, pursuant to Art. 1848 § 1 ZGB and Art. 812 of the Code of Civil Procedure; a representative must prove their authority by a notarized special power of attorney. Neither the heir’s creditors nor an insolvency administrator may declare the disclaimer themselves or demand that it be exercised.

Deadlines

The disclaimer must be declared within four months of becoming aware of the inheritance and the grounds for being called to it; under Art. 1847 § 2 ZGB, this period is extended to one year if the deceased’s last domicile was abroad, or if the heir learned of the death while abroad. In the case of testamentary succession, the opening of the will is decisive for when the period begins. A disclaimer made after the deadline has expired is void under Art. 1850 ZGB; the inheritance is then deemed accepted. If the heir is a minor, a disclaimer by the parents or guardian requires an opinion from the supervisory board and court approval. If the heir lacks legal capacity, what matters is when the represented person’s legal representative became aware of the case. Should the heir die while the disclaimer period is still running, that period does not end before the expiry of the disclaimer period applicable to the deceased heir’s own estate (Art. 1855 § 1 ZGB).

Nullity and Contestation

Under Arts. 1849 to 1851 ZGB, a disclaimer is void in particular where it is declared after the deadline has expired, where it is made before the inheritance has actually passed to the heir, where it is made subject to a condition or a time limit, where a sole heir disclaims only part of the inheritance or a co-heir disclaims only part of their share, or where it is made after the inheritance has already been accepted, whether expressly or tacitly. The declaration of disclaimer may also be contested under Art. 1857 § 2 ZGB where it is based on a mistake, or was brought about by threat or fraudulent deception; an action to contest the disclaimer must be brought within six months (Art. 1857 § 2 ZGB). By way of exception, acceptance after a disclaimer remains possible under Arts. 1807 and 1809 ZGB where the deceased did not appoint a substitute heir or direct accretion, so that statutory succession applies as a result. The right to disclaim is, moreover, inheritable and passes, under Art. 1854 ZGB, to the heir’s own heirs if the heir dies before the disclaimer period expires. Article 1856 ZGB governs the effects of a disclaimer: the inheritance is treated as never having passed to the person who disclaimed it, so that they are treated as though they had never been an heir. The inheritance then passes to whoever would have been called to inherit had the person who disclaimed not been alive at the time the inheritance passed – again distinguishing between statutory and testamentary succession. The heirs called next in line may, however, themselves also disclaim the inheritance.

Jurisdiction with a Foreign Connection (EU Succession Regulation)

Under Art. 13 of EU Regulation No. 650/2012 (European Succession Regulation), the courts of the member state in which the declarant has their habitual residence also have jurisdiction to receive declarations of acceptance and disclaimer. For heirs living in Germany, this means that a disclaimer of a Greek inheritance can generally also be declared before the competent German probate court, which forwards the declaration to the Greek authorities.

Practical note: due to possible delays in transmission and to reliably preserve the deadline, we recommend also disclaiming the inheritance directly – or through an authorized representative holding a notarized special power of attorney – before the competent Greek probate court, or preparing to do so in good time.