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The recent reform of Greek inheritance law through Law 5303/2026 constitutes one of the most significant developments in the law of succession in recent decades. Published in the Government Gazette (Official Gazette A’ 81/22.05.2026), the new legislation substantially replaces Book Five of the Greek Civil Code and introduces a modernised legal framework governing wills, forced heirship, heirs’ liability for estate debts, co-heir relations, and estate planning.
The reform directly affects families, real estate owners, entrepreneurs, Greeks residing abroad, foreign nationals owning property in Greece, and anyone wishing to organise the transfer of their estate in a legally secure and efficient manner. As a general rule, the new provisions apply to estates of persons who pass away on or after 16 September 2026, subject to the transitional provisions of the new law.
- A Modern Framework for Contemporary Families and Succession
The previous inheritance regime had been developed under very different social and economic conditions. Today’s family structures are often considerably more complex, involving second marriages, children from different relationships, civil partnerships, assets located in multiple jurisdictions, and family businesses requiring structured succession planning.
The new legislation seeks to address these realities by modernising key institutions of inheritance law while preserving its fundamental principles. Its objectives are to enhance legal certainty, reduce family disputes, and facilitate effective estate planning.
- Forced Heirship: A New Balance Between Family Protection and Testamentary Freedom
One of the most significant reforms concerns the institution of forced heirship, namely the minimum share of an estate reserved by law for certain close relatives of the deceased.
Under the previous regime, forced heirship had a strong proprietary character, frequently resulting in co-ownership of indivisible assets, fragmentation of estates, and even disruption of family businesses where the estate included real property or operating enterprises.
The new framework adopts a more practical approach by transforming the forced heir’s entitlement into primarily a monetary claim, rather than an automatic right over specific estate assets. This reform is particularly significant where estates include businesses, high-value real estate or other assets that are better preserved as a single economic unit.
The reform therefore enhances the testator’s freedom to organise the distribution of his or her estate while maintaining appropriate protection for close family members.
In parallel with this reform, Law 5303/2026 also strengthens the position of the surviving spouse, increasing his or her statutory inheritance share — for instance, to one-third of the estate where the spouse inherits together with one child. For the first time, the law further introduces limited inheritance rights for a surviving partner in a de facto cohabitation, addressing a gap that had long left such partners without any statutory protection under Greek law.
- Inheritance Agreements as a New Estate Planning Tool
A major innovation introduced by Law 5303/2026 is the recognition, under specified conditions, of inheritance agreements and agreements waiving future inheritance rights.
Traditionally, Greek law prohibited agreements concerning future succession, maintaining that inheritance could only be regulated by statute or by will.
The new framework introduces considerably greater flexibility, creating valuable opportunities for succession planning, particularly in the context of family businesses. For example, family members may now agree in advance on who will continue managing a business after the owner’s death, how the remaining heirs will be compensated, and how future disputes may be avoided.
Inheritance agreements are expected to become particularly useful where estates include family businesses, valuable real estate, agricultural holdings, cross-border assets, or complex family structures.
Nevertheless, such agreements require careful legal drafting and specialised legal advice to ensure both their validity and their suitability for the particular family circumstances involved.
- Heirs’ Liability for Estate Debts
Another important reform concerns the liability of heirs for the debts of the deceased.
In practice, many heirs previously chose to disclaim inheritances out of concern that they might become personally liable for unknown or disproportionate liabilities.
The new legislation strengthens the protection of heirs by drawing a clearer distinction between estate assets and the heir’s personal assets. As a general principle, estate liabilities should primarily be satisfied from the estate itself rather than automatically exposing the heir’s personal property to liability.
This reform is expected to reduce unnecessary disclaimers, particularly where the financial position of the estate remains uncertain or requires further investigation.
Nevertheless, the decision whether to accept or disclaim an inheritance continues to have significant legal and financial consequences and should always be made following proper legal assessment of the estate’s assets, liabilities, applicable deadlines and available legal options.
- Wills — Particularly Holographic Wills — and Enhanced Legal Certainty
Wills remain the principal instrument of estate planning.
The new legislation retains the institution of the holographic will (a will entirely handwritten, dated and signed by the testator). However, it places considerably greater emphasis on legal certainty, authenticity and registration procedures.
Historically, holographic wills have frequently generated disputes concerning handwriting, authenticity, testamentary capacity, the existence of subsequent wills, or delayed discovery of testamentary documents.
The reform strengthens procedural safeguards and promotes the use of electronic registers to minimise such disputes. At the same time, it reinforces the importance of carefully drafted wills, particularly where estates include real estate, company shares, bank accounts or foreign assets.
- Co-Heirs, Estate Administration and the Reduction of Inheritance Disputes
Inheritance disputes frequently arise not only over who inherits but also over the administration and distribution of estate assets.
Where several heirs inherit jointly, practical difficulties often arise concerning the management of jointly owned real estate, rental income, taxes, debts and decision-making. Such issues become even more complex when some heirs reside abroad or disagree on the management or disposal of estate assets.
Law 5303/2026 aims to simplify the legal relationships between co-heirs and improve judicial estate administration procedures. Nevertheless, careful succession planning remains the most effective method of preventing future disputes.
- Minor Heirs
Special consideration is required where minor children inherit.
The new legislation introduces rules concerning the management of property inherited by minors, particularly where such arrangements arise under wills or lifetime gifts. Parents should therefore consider not only who will inherit their assets but also who will manage those assets until the minor reaches adulthood.
- Cross-Border Successions and Property Located in Greece
The reform is particularly significant in international succession cases.
Such situations commonly arise where Greek nationals residing abroad own property in Greece or where foreign nationals acquire Greek real estate for residential, investment or family purposes.
These matters often involve questions concerning jurisdiction, the applicable law, the recognition of foreign documents, European Certificates of Succession and inheritance taxation.
Accordingly, international estate planning requires careful legal coordination between the laws of the relevant jurisdictions. A will executed abroad may be legally valid while nevertheless requiring additional procedural steps before Greek authorities. Likewise, Greek wills should always be considered alongside the laws of the testator’s country of residence or nationality. Early legal advice is therefore essential in order to avoid delays, conflicting legal arrangements and unnecessary tax burdens.
- Reviewing Existing Wills
The enactment of the new legislation provides an important opportunity for individuals to review their existing wills, particularly where they were drafted under different family, financial or legal circumstances.
Particular attention should be paid where estates include real estate, company interests, foreign assets, family businesses, minor heirs or potentially contentious succession issues.
Reviewing an existing will should not be regarded as questioning previous decisions, but rather as a prudent measure ensuring that testamentary arrangements remain compatible with the new legal framework.
- Conclusion
The new Greek inheritance law introduces a significantly more modern and flexible legal framework for succession upon death.
The reforms concerning forced heirship, inheritance agreements, heirs’ liability for estate debts, enhanced safeguards for wills and improved estate administration create valuable new opportunities for effective estate planning while simultaneously increasing the need for specialised legal advice.
For individuals, families and business owners alike, the reform provides an ideal opportunity to reconsider how they wish their assets to be transferred to future generations. For heirs, it highlights the importance of understanding their rights, obligations and available legal options before making decisions with lasting legal and financial consequences.
Ultimately, the success of the reform will depend not only on the legislative changes themselves but also on their practical implementation. Succession is not merely about the transfer of assets; it concerns the continuity of families, the protection of future generations and the prevention of disputes capable of undermining even the most carefully accumulated wealth. In this context, timely and properly structured estate planning represents an act of responsibility not only towards one’s assets but also towards one’s family and future generations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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