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Inheritances: Spouses to receive a larger share – Framework for cohabitation agreements

Changes are in the final stages – What is proposed regarding wills, debts, spouses, and new contracts

Newsroom August 26 12:39

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Significant changes to inheritance law are coming with the proposal of a special committee led by Professor Apostolos Georgiadis, expected to be submitted to the Ministry of Justice in September.

According to Kathimerini, the proposals address critical issues, from the fate of handwritten wills to inherited debts, and introduce, for the first time, new legal instruments such as inheritance contracts.

The Debt Issue

The most difficult issue remains the management of debts “inherited” by the heir. Currently, anyone who accepts an inheritance is fully liable with their personal assets for the deceased’s debts. A proposal under discussion is to keep the inheritance as a “separate estate,” so that debts are paid exclusively from it. However, several committee members opposed this, arguing it could leave creditors and banks unpaid.

Greater Protection for Spouses

One major change concerns intestate succession (when there is no will). Currently, a spouse receives 25% of the inheritance, with the remainder divided among the children. The committee proposes increasing the spouse’s share to 33.3%, leaving two-thirds for the children. If there are no children, the spouse’s share remains at 50%.

Partners outside marriage or cohabitation agreements remain excluded from inheritance unless there is a will. However, they will gain the right to remain in the deceased’s residence for a limited period (e.g., three years).

Inheritance Contracts: A New Legal Instrument

For the first time, the concept of inheritance contracts is introduced, allowing the testator to make binding agreements during their lifetime with future heirs regarding the distribution of assets. Provisions for revocation will also be included (e.g., in cases of wrongdoing by an heir).

Changes to the Reserved Portion

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Significant changes are also proposed for the “reserved portion” of an inheritance. Currently, even if someone is excluded from a will, they are entitled to a minimum portion of the estate (e.g., 25%). Under the new regulation, an excluded heir will not receive shares in real estate or movable property but will be entitled to monetary compensation. This avoids fragmenting the estate into small portions and increases the testator’s freedom of disposition.

Double Benefit

Legal circles estimate that the changes offer a dual benefit: they reduce “inheritance deadlocks” caused by overly fragmented estates while strengthening individual freedom of disposition, aligning Greek law more closely with European standards.

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