Vathis & Associates — Inheritance Law | Noteworthy News
I. Introduction: A Substantial Reform in the Law of Succession
Law 5095/2024 introduced a significant reform in the law of succession, now providing for the possibility of drawing up the deed of acceptance of inheritance by an attorney. This new procedure constitutes a substantial development, aimed at accelerating the completion of inheritance matters, without altering the guarantees of legality and legal certainty that govern registrable deeds.
II. The Legal Framework: Why a Public Document Is Required
Acceptance of inheritance constitutes the heir’s declaration of will that he or she wishes to become the successor of the deceased. Where the inheritance includes real estate or rights in rem over real estate, this declaration, pursuant to Articles 1193 and 1195 of the Greek Civil Code, must take the form of a public document, so that it may be registered with the competent Land Registry (Ypothikofylakeio) or recorded with the relevant Cadastral Office.
III. From Notary to Attorney: The Rationale Behind the Change
Until the enactment of Law 5095/2024, the deed of acceptance of inheritance was, in practice, drawn up almost exclusively by a notary public. However, as noted in the explanatory report accompanying the law, neither the Civil Code nor any other provision stipulated that the required public document could be drawn up exclusively by a notary. On the contrary, legal theory and case law had already accepted that a declaration of acceptance made before the registrar of the court having jurisdiction over the inheritance constitutes a lawful public document, with full evidentiary force.
IV. How the New Procedure Works
On the basis of the above, the legislator established a new procedure. The deed of acceptance of inheritance is now drawn up by an attorney, accompanied by all necessary supporting documents, and is subsequently filed with the competent registrar of the court having jurisdiction over the inheritance — today, the competent Single-Member Court of First Instance.
It is particularly important to note that the deed does not acquire the character of a public document merely by being drawn up by the attorney, but rather upon its filing before the competent registrar and the drawing up of the relevant report of acceptance of inheritance. This report is signed by the registrar and the attorney holding power of attorney, is recorded in the court’s special register, and is thereafter registered or recorded with the competent Land Registry or Cadastral Office — exactly as has, until now, been the case with notarial deeds of acceptance of inheritance.
V. The Practical Significance of the Reform
This reform carries considerable practical significance. Deeds of acceptance of inheritance follow a defined legal and procedural structure, while the increased workload of notaries, who handle a multitude of complex notarial deeds, has in recent years led to substantial delays in the completion of such matters. The possibility of drawing up the deed through an attorney offers an additional, fully lawful procedural option, which facilitates the swifter processing of inheritance matters, while fully preserving the guarantees of legal certainty required for the registration of the acceptance of inheritance.
VI. What a Properly Executed Acceptance of Inheritance Requires
Acceptance of inheritance is, of course, not a mere formality. It presupposes verification of the line of succession, investigation into the existence of a will, examination of the title deeds, review of the legal status of the real estate and of any encumbrances in rem, as well as the proper fulfilment of the tax obligations connected with the devolution of the inheritance. For this reason, the effective application of the new procedure requires the coordination of both the necessary legal actions and the associated tax procedures.
VII. The Approach of Vathis & Associates
Within the framework of this new procedure, we undertake the drafting of deeds of acceptance of inheritance with consistency and diligence, placing particular emphasis on three parameters which, in our experience, determine the successful outcome of each case.
The first concerns speed. The gathering of the required supporting documents, the review of title deeds and the preparation of the deed are organised from the outset with a view to the earliest possible filing with the registry of the competent court, without this compromising the thoroughness and accuracy of the review that every inheritance matter requires.
The second, equally critical, concerns the accurate declaration of real estate through the myProperty platform. The electronic inheritance tax declaration is not a mere formal entry; an inaccurate or incomplete description of a property — whether as to its surface area, legal status or identification particulars — may give rise to delays or complications at a later stage, particularly at the time of registration with the Land Registry or the Cadastre. Our ongoing, close familiarity with the operation of the platform, including the frequent amendments it undergoes, allows us to ensure that every property is declared accurately from the outset, avoiding corrective actions that would otherwise delay completion of the case.
Finally, in cases where the heir wishes to make immediate use of, or resell, the inherited property, our team works alongside a trusted and experienced civil engineer, who undertakes, in parallel with the legal process, the preparation of the property’s electronic identity (ilektroniki taftotita ktiriou). This preliminary cooperation allows the heir to have the property ready for transfer immediately upon completion of the acceptance procedure, without the loss of time that typically arises when the engineering preparation only begins after the inheritance process has been completed.
VIII. Conclusion
The new procedure introduced by Law 5095/2024 broadens the available means of processing acceptance of inheritance matters, without altering the substantive requirements and guarantees of legality that govern the law of succession. Its proper application continues to require the careful examination of the factual and legal particulars of each case, as well as the coordination of the necessary legal and tax actions until the registration or recording of the deed is completed.
Vathis & Associates undertakes the drafting of deeds of acceptance of inheritance with consistency, speed and thorough command of the myProperty platform, in cooperation, where required, with an experienced civil engineer for the preparation of the property’s electronic identity in view of a resale.
For further information on matters of inheritance law, please contact our office.
