1. The Need for Reform
Greek Succession Law, namely the area of law governing the property-related consequences of a person’s death,[1] entered into force in 1946 and was shaped by the legal concepts and socio-economic conditions that prevailed primarily during the 1930s. Over the years, however, social and economic conditions have changed considerably, making legislative reform necessary.[2] This reform has now been implemented through Law 5303/2026, which introduces significant amendments to the provisions of the Greek Civil Code (“CC”).[3] The provisions of the new Succession Law apply to deaths occurring after 16 September 2026 (see Articles 33 and 41 of Law 5303/2026).
2. The Five Main Pillars of the Reform
The principal changes introduced by Law 5303/2026 concern: the rules governing wills; the modernisation of intestate succession; the reform of the reserved portion (forced heirship); the revision of heirs’ liability for estate debts; and the introduction of inheritance agreements.[4]
(a) Amendments Relating to Wills
- Retention of the three existing types of wills, namely: the holographic will, the public will, and the secret will.[5] A holographic will is a will entirely handwritten, dated and signed by the testator[6] (Article 1721 CC). A public will is executed by means of a declaration of the testator’s last wishes before a notary public in the presence of either two witnesses or a second notary public and one witness (Article 1725 CC). A secret will is a will delivered by the testator to a notary public in the presence of either two witnesses or a second notary public and one witness, with the testator orally declaring that it contains his or her last wishes (Article 1739 CC).
- No Introduction of digital wills. The new legislation does not provide for digital wills, as it was considered that currently available technological means are not capable of adequately ensuring the authenticity of a digital will.[7]
- Notarial Wills Executed by Minors. Minors who have reached the age of sixteen are now permitted to execute a public will (Article 1719(a) CC). It should be noted that only a public will may be executed by a minor. By contrast, a holographic will or secret will executed by a minor is absolutely null and void. [8]
- Incorrect or Incomplete Dates. A false, incorrect or incomplete date no longer automatically renders a holographic will invalid (Article 1721(3) CC). The significance of this amendment lies in the fact that, under the previous legal regime, an incomplete date resulted in automatic invalidity of the will.[9] Under the new framework, invalidity is no longer mandatory but discretionary.[10]
- Incapacity to Execute a Holographic Will by Persons Receiving Healthcare or Social Care Services (new Article 1724 CC). A holographic will executed by persons receiving care from healthcare or social care service providers during the period of such care or within three months following its termination is invalid to the extent that, under the will, heirs are appointed who are legal entities or natural persons affiliated with such providers, as well as their relatives in the direct line without limitation, relatives by blood or affinity up to the third degree in the collateral line, or their spouse or registered partner, unless such persons would otherwise be included among the intestate heirs. The rationale of this provision is to protect persons who are in a position of need and dependence and who may be unduly influenced into disposing of their assets without the safeguards afforded by the execution of a public will before a notary public. [11]
- Persons with severe speech disabilities may now execute a public will by using mechanical or electronic means that enable speech output or by engaging the services of an interpreter (Article 1731(1)(c) CC).
(b) Provisions relating to intestate succession (i.e. where there is no will)
- Strengthening of the spouse’s intestate succession rights. In the case of intestate succession, as under the previous law, the deceased’s children are called first to the inheritance (Article 1808 CC), together with the spouse (Article 1810 CC). The change lies in the fact that previously the spouse received one-quarter (1/4) of the inheritance and the children three-quarters (3/4). Under the new provisions, where there is one child, the spouse receives one-third (1/3) of the inheritance, whereas where there are two or more children, the spouse receives one-quarter (1/4).
- Spouse’s right to use the family home. Pursuant to Article 1810(2) CC, if the inheritance includes immovable property that served during the lifetime of the deceased as the principal residence of both the deceased and his or her spouse, the spouse is entitled to the exclusive use of that property, free of charge, for a period of one year from the deceased’s death.
- Rights of a partner in a de facto union in the inheritance (Article 1817 CC). A person who permanently cohabited in a de facto union with the deceased during the last three years prior to the deceased’s death is called to inherit the estate, provided that there is no spouse, registered partner or other relative and provided that a relevant application is submitted to the court.
- Statutory legacy in favour of the caregiver (Article 1819 CC). Any person who undertook the care of the deceased for a period of at least six months during the last three years prior to the deceased’s death is entitled to a monetary amount, the amount of which is determined on the basis of criteria such as the nature, duration and extent of the deceased’s needs that were met by the caregiver. The court may also award an asset of the estate in kind of equivalent value.
(c) Reform of the reserved portion
- Persons entitled to the reserved portion remain the descendants, the parents of the deceased and the surviving spouse, while the percentage remains unchanged and amounts to one-half of the value of the intestate share (Article 1820(1) CC).
- The change introduced by the new law is that this claim is, as a rule, monetary in nature. This means that the beneficiary of the reserved portion must claim from the person who has been instituted as heir the monetary amount corresponding to the share of the inheritance to which he or she is entitled. By contrast, until 15 September 2026, persons entitled to the reserved portion became heirs themselves, in the sense that they directly, automatically and by operation of law acquired rights in rem over the assets of the inheritance corresponding to their reserved portion.[12] The monetary nature of the reserved portion may make satisfaction of the relevant claim more difficult due to, among other things, the duration of any potential court proceedings. [13]
- The law also provides for the possibility of the beneficiary waiving the relevant claim by means of a unilateral declaration addressed to the heir (Article 1820(2) CC).
(d) Heirs’ liability for estate debts
Under the legal framework in force before the reform of Greek Succession Law, a principal legal consequence of the acceptance of an inheritance was that, from the time of acceptance, the heir’s own (personal) property became merged with the inheritance, thereby forming a new and unified estate. As a result, the heir was personally and unlimitedly liable, including with his or her own property, for the obligations of the inheritance.[14] Under the new Article 1892 CC, the rule is now that the heir is not liable with their personal property for the obligations of the inheritance, and such obligations are satisfied from the inheritance itself.
(e) Introduction of inheritance agreements (Article 1798 CC)
One of the most significant changes introduced by Law 5303/2026 is the lifting of the general prohibition on inheritance agreements, namely agreements concerning the inheritance of living persons. As stated by Apostolos Georgiadis, Chair of the Legislative Committee for the reform of Greek Succession Law: “The absolute prohibition of inheritance agreements was problematic. I remember a hotel owner who wanted to leave the hotel to his daughter, who was already working in the business, while at the same time financially assisting his son from a previous marriage to start his own professional career. At that time, he could not do so. Under the new law, he will be able, through an agreement, to provide that the business will pass to his daughter upon his death while at the same time giving his son a sum of money today to help him begin his professional path. Under the new framework, he will be able, by means of a notarial agreement, to make binding arrangements regarding his property during his lifetime, rather than relying exclusively on a will that may be revoked at any time.”[15]
Author and Editor: Thalia Dolka, Attorney at Law, LL.M. in Civil Law (National and Kapodistrian University of Athens), LL.M. in Private International Law (Université de Strasbourg).
[1] A. Georgiadis, Handbook of Succession Law, P.N. Sakkoulas Publications, 2014, p. 1.
[2] Papadopoulou-Klamari, Karampatzos, Lekkas, in: Papadopoulou Klamari/Karampatzos/Lekkas, New Succession Law (2026), Foreword, para. 1.
[3] The text of Law 5303/2026 is available on the website of the National Printing Office of Greece at the following link: https://search.et.gr/el/fek/?fekId=799218 (last accessed: 11 October 2026).
[4] A. Georgiadis, “The Major Reform of Greek Succession Law through Law 5303/2026”, Armenopoulos, Issue 6 (2026), pp. 585-621, at p. 586.
[5] Zervogianni, in: Papadopoulou-Klamari/Karampatzos/Lekkas, New Succession Law (2026), § 1, para. 15.
[6] A testator is the person who disposes of property through a will; in this context, the person who disposes of his or her estate by making a will.
[7] Zervogianni, in: Papadopoulou-Klamari/Karampatzos/Lekkas, New Succession Law (2026), § 1, para. 17.
[8] Zervogianni, in: Papadopoulou-Klamari/Karampatzos/Lekkas, New Succession Law (2026), § 2, para. 24.
[9] See, by way of example, decision no. 7/2017 of the Plenary Session of the Hellenic Supreme Civil Court (Areios Pagos), available here (last accessed: 11 October 2026).
[10] A. Georgiadis, “The Major Reform of Greek Succession Law through Law 5303/2026”, Armenopoulos, Issue 6 (2026), pp. 585-621, at p. 588.
[11] Zervogianni, in: Papadopoulou-Klamari/Karampatzos/Lekkas, New Succession Law (2026), § 2, para. 54.
[12] Karampatzos, in: Papadopoulou-Klamari/Karampatzos/Lekkas, New Succession Law (2026), § 5, para. 1.
[13] A. Georgiadis, “The Major Reform of Greek Succession Law through Law 5303/2026”, Armenopoulos 6 (2026), pp. 585-621, at p. 606.
[14] Kotronis, in: Papadopoulou-Klamari/Karampatzos/Lekkas, New Succession Law (2026), § 13, para. 23.
[15] Interview of Apostolos Georgiadis published in Kathimerini, available here (last accessed: 11 October 2026).