The enactment of Law 5303/2026 marks the most significant reform of Greek succession law since the introduction of the Civil Code. It is not a fragmentary amendment of individual provisions, but a comprehensive revision of the philosophy governing the succession of property, guided by contemporary social, family and economic conditions.
As noted in the explanatory report, the core provisions of Greek succession law had remained essentially unchanged since 1946, despite the radical changes in family structure, in the composition of private wealth and in economic life. The reform aims to strengthen legal certainty, simplify succession relationships, reduce interpretative disputes and create a modern, functional framework that meets the needs of today’s society.
One of the most important innovations of the new law is the introduction of inheritance agreements mortis causa, an institution that has been applied for decades in many European legal systems, but was until now unknown to Greek law.
I. From the Will to Modern Succession Planning
Until now, Greek succession law relied almost exclusively on the will as the means of regulating succession.
A will is a unilateral legal act which the testator may amend or revoke at any time. This system serves the principle of freedom of testamentary disposition, but it does not always provide the certainty required in modern family and business relationships.
Today’s family structures, second marriages, family businesses, complex asset structures, international families and the growing value of assets create a need for greater predictability and stability in succession planning.
This is precisely the need the new law seeks to address.
II. From the Ascendant’s Partition to Inheritance Agreements
The reform is not limited to introducing new institutions. At the same time, it abolishes institutions that had lost their practical significance.
A characteristic example is the ascendant’s partition (nemisi anionton), which, according to the explanatory report of Law 5303/2026, is abolished because it had in practice fallen into disuse.
Historically, the ascendant’s partition was intended to facilitate the distribution of property among descendants, without however creating a genuinely binding arrangement of future succession. In practice, the institution never developed into an effective succession planning tool, as it did not respond to the needs of modern economic and family reality.
By contrast, an inheritance agreement does not merely concern the allocation of assets. It allows succession to be provided for contractually, with enhanced legal certainty, binding effect and predictability, filling a significant legislative gap that had existed for decades.
In this sense, the abolition of the ascendant’s partition and the introduction of inheritance agreements are two sides of the same legislative choice: the transition from traditional institutions of limited practical application to modern tools for planning succession.
III. The Inheritance Agreement as a Tool of Legal Certainty
Under the new Articles 1798 et seq. of the Greek Civil Code, the person whose estate is concerned may now enter into a notarial agreement by which he or she may:
- appoint an heir,
- establish a legacy,
- establish a fideicommissary substitution (trust-like disposition),
- impose a testamentary burden (modus),
- even choose the law applicable to his or her succession.
The agreement must be executed before a notary public, with the parties appearing in person and with enhanced safeguards as to the capacity of the testator and the authenticity of his or her will.
IV. The Essential Innovation: Binding Effect
The most important difference between an inheritance agreement and a will lies in its binding effect.
Its essential provisions cannot be revoked unilaterally by the testator, except in the cases exhaustively provided for by law or by a new agreement between the same parties.
This choice strengthens transactional certainty and protects the legitimate expectations of the parties, particularly where future succession is linked to significant business or property decisions.
It reflects the philosophy of the reform, which seeks to create a coherent and functional system, comparable to those already applied in several European legal systems.
V. A Tool for Preventing Inheritance Disputes
In everyday legal practice, most inheritance disputes do not arise after the death of the person whose estate is concerned. They arise much earlier, when the real expectations of family members have not been recorded in a clear and binding manner.
A child’s involvement in the family business, years of caring for elderly parents, contributions to building the family’s wealth or a special relationship of trust with the testator often give rise to differing views on how future succession should be shaped.
An inheritance agreement does not eliminate every possibility of litigation. It can, however, significantly reduce uncertainty, clearly record the testator’s will and act preventively against protracted court disputes.
Its value, therefore, is not confined to the transfer of property, but extends to preserving family cohesion and business continuity.
VI. A New Balance in Succession Relationships
The explanatory report of Law 5303/2026 identifies as a key objective of the reform the need to balance the freedom to dispose of one’s property with legal certainty and more effective protection of those involved in succession relationships.
Inheritance agreements are a characteristic example of this new philosophy.
They neither replace the will nor unduly restrict private autonomy. They add a further tool that allows individuals to organise the transfer of their property with greater certainty, taking into account the real needs of their family or business.
VII. Conclusions
The introduction of inheritance agreements marks the transition of Greek succession law from an exclusively testamentary system to a more flexible and modern model of succession planning.
It is no coincidence that the legislator chose at the same time to introduce this new institution and to abolish institutions, such as the ascendant’s partition, that no longer met the demands of modern social and economic reality. The reform reflects the transition from traditional forms of regulating succession to tools that strengthen legal certainty, long-term planning and the prevention of inheritance disputes.
At a time when family and business assets are becoming increasingly complex, succession planning is not only about transferring assets. It is a strategic choice for preserving family harmony, protecting business continuity and avoiding lengthy and costly court disputes.
VIII. Our Law Firm
Making effective use of the new institutions of succession law requires specialised legal knowledge and careful planning, tailored to the particular circumstances of each family and each asset structure.
Our firm provides comprehensive services in succession planning, the drafting of wills and inheritance agreements, and advisory support on the succession of family businesses, the protection of family assets and the prevention of inheritance disputes, with the aim of securely implementing the client’s wishes and preserving the balance of the family and its assets.
