With particular sensitivity and a high sense of responsibility and professionalism, we manage your inheritance matters, offering a high level of services in a particularly wide range of cases, which touch on many legal fields.

In particular, following the relatively recent amendments to the Code of Civil Procedure, our goal is to accelerate the procedures required so that inheritance cases are concluded successfully and in the shortest possible time, both for the benefit of our clients and for the security of transactions.

In the field of inheritance cases, from the simplest to the most complex, the existence of serious, discreet and effective action by all judicial officers, and especially by the Lawyer, is crucial to avoiding delay and pointless actions, while everything depends on the scientific level, acumen and ethics of the legal representative, whether we are talking about a judicial or extrajudicial procedure.

Legal advice regarding inheritance issues is also crucial, as the future depends on them, namely the new property and interpersonal relationships of the respective honorees, as well as the benefits and burdens that the acceptance of an inheritance entails.

In the past and currently, we handle particularly demanding inheritance cases, with specialized training in the research and valuation of assets, in the protection of the inheritance and the heirs themselves, in the disengagement of adults and minors from burdensome inheritances (request for waiver, inventory benefit, etc.) and in dealing with cases of usurpation of the inheritance of the sick and elderly by third parties.

Nowadays, the need for support and reliable legal coverage in the field of inheritance law is becoming particularly urgent for citizens, as the risks and burdens that heirs are called upon to face are increasing, and our many years of experience in a modern law firm and our many years of cooperation with successful professionals in the field (Notaries, Accountants, Appraisers, Graphologists, etc.) guarantee the smooth development of inheritance cases towards the purpose of implementing and completing the new data.

The right of inheritance – General

 An heir can be someone with or without a will. Without a will, heirs are the closest relatives of the deceased, as shown by the certificate of closest relatives issued by the Municipality where the deceased was registered or by the KEP.

Each of them enters the inheritance in a specific order and percentages defined by law. Specifically, in intestate succession, blood relatives in a direct or lateral line are called in the following order: First, the unlimited descendants, then the ascendants up to the third degree, i.e. parents, grandparents, great-grandparents and great-great-grandparents, and finally the relatives in a lateral line up to the fourth degree, i.e. brothers, nephews, nieces' children, uncles and first cousins. The existence of the first in the above order excludes the rest from the inheritance, and the existence of the second (in the case where the first do not exist according to the above) excludes the third. The spouse of the deceased, if he/she survives, is also called to inherit. The public inherits only when there are no relatives called upon to inherit or they have all renounced.

To make the above more understandable, the following example is provided as an example.

"Let's say someone dies. So if he has a spouse and three children, then these are his intestate heirs and they inherit him in the following proportions: 1/4 indivisible to the spouse and the remaining 3/4 indivisible to the children, that is, 1/4 each. The spouse always receives 1/4 and the rest is divided equally among the children.

If in the above example a child has predeceased the deceased, then his share is included and inherited by his own children, that is, the grandchildren of the deceased. If there is one, he inherits the entire percentage of 1/4, while if there are two, it is divided equally by 1/8 to each.

If the deceased had no children, then he is inherited by his/her spouse in 1/2 indivisible share and his/her siblings or parents who enter the other 1/2 indivisible share. ''

If there are different family relationships than the above, there is a provision in the law for each case.

In any case, the spouse, children, grandchildren and parents are the necessary heirs, that is, those who inherit anyway. They are therefore entitled to the inherited property, even if the deceased's wish was to exclude them from it. In this case, they will receive as an inheritance that part of the inherited property called the legal share and is presented in detail below. This happens in the case where the testator left a will for his property, excluding the forced heirs with it or leaving them assets that are worth less than the legal share. Of all the relatives, the necessary heirs are only the descendants and the spouse. However, in the case where the deceased did not leave descendants, that is, children, the necessary heirs will then be the parents and the spouse. “When you choose the perfect “”apple iphone 12 case,”” consider your style, protection needs and functionality. Our wide range of phone accessories ensures you’ll find the ideal case that complements your lifestyle, while keeping your device safe and stylish.

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Wills

A will is a document by which a person can determine his or her own heirs and regulate family law relationships. Through it, he or she expresses his or her last will and testament regarding his or her assets, which is why it is known in law as a last will or last disposition. A will is drawn up in person using specific forms and is freely revocable. There are three types of wills that someone can draw up: the Idiograph, the Public and the Secret Will.

OR Private will is written by the testator's hand, bears a date and time and is signed by him. Due to the fact that private wills can be drawn up by anyone without the participation of a third party and following a specific procedure, they often have shortcomings or contain terms that cannot be applied in practice, resulting in them being invalid or creating confusion regarding the heirs and inheritance rights. The testator can also deliver the will to a third party for safekeeping or to a notary. The private will, in order to be valid according to the law, must be published and proclaimed mainly by judicial procedure. Our office has undertaken the completion of this procedure before the competent court on many occasions, successfully completing it in a short period of time.

OR Public will is a form of will that, after its preparation, constitutes a public document. It is drawn up by the testator with a declaration of his last will before a notary in the presence of three witnesses or a second notary and one witness, who are required to keep the contents of the will secret until the death of the deceased. The main advantage of a public will is the validity of the procedure that s10 phone casehttps://www.flmotorcycletraining.com/keely-deuschle/browse around this website is preserved with the contribution of the notary but also the fact that with this form, even persons who cannot write or sign can draw up a will. In simple words, it is a more complete and secure way of drawing up a will, which additionally does not risk being lost or unable to be found by the heirs. In any case, the violation of any of the formalities required by the law may cause the will to be invalid, even if the content of the testator's will is clear.

OR Secret will is the third type and is drawn up in the following way. The testator draws up and signs a document containing his last will and then hands it over to a notary of his choice in the presence of three witnesses or a second notary and one witness, verbally declaring that it constitutes his last will. The secret will is sealed and the relevant notes are made, while it is then kept by the notary and is not in danger of being lost. The testator is also entitled to take over the will, resulting in its revocation. For its drawing up, the relevant articles 1738 - 1748 of the Civil Code are followed and their observance is necessary in order for the will not be invalid. The secret will, like the public one, can be annulled for a purely formal reason or for omission of a formulation in the procedure before the notary. In this case, a solution is provided by having the secret will take the form of a handwritten will, provided of course that the requirements of the latter are met.

Another species, but rare especially for today, are the Extraordinary wills, which are public wills drawn up under certain circumstances. They are considered emergency wills and have limited validity. There are three types of emergency wills: a) the will for those on board a warship or non-Greek ship during a voyage, b) the will during a campaign, blockade, siege or captivity which concerns military personnel or those who, according to the provisions of military criminal legislation, fall under the jurisdiction of military courts during a campaign and c) the will in isolation, for those who reside in a place where, due to a widespread disease - epidemic, they cannot draw up a public or secret will.

Acceptance of inheritance

Acceptance of inheritance can be express or implied.

The explicit acceptance of an inheritance is made for the purpose of its registration in the competent mortgage registry and registration in the land register in order to acquire ownership of the property of the inheritance. For this purpose, the drafting of a notarial document and its subsequent registration are required, since without it, ownership does not occur.

We have tacit acceptance of an inheritance when the heir's desire to become final is inferred from his actions or omissions. Such actions are, for example, the application for the issuance of a certificate of inheritance listing the applicant as an heir, the exercise of a claim for an item of the inheritance received by a third party, the submission of an inheritance tax return, the use of an item of the inheritance as his own, etc. However, the above does not complete the acceptance of the inheritance.

Furthermore, according to the law, we also have acceptance of an inheritance from the lapse of the deadline for renunciation without taking action. This is called fictitious acceptance of an inheritance. Specifically, if the temporary heir does not renounce the inheritance in a timely manner, within a period of four months from the time he was informed that he had become an heir, he is considered to have accepted it even if this happened through negligence. Consequently, he is burdened with the debts of the inheritance with his personal property, no longer being able to limit his liability to the assets of the inheritance.

If a notarial deed is not drawn up with the real estate of the inheritance and is subsequently transferred to the relevant mortgage registry, theoretically there is an heir, but by law he does not retain ownership of the real estate. There is no deadline for accepting the inheritance by notarial deed and transfer to the relevant mortgage registry. It can therefore be done at any time, however, the fastest possible settlement of these pending matters is beneficial in many respects for the heir and his family.

Our office has maintained a stable collaboration with a well-known notary office for many years, having handled numerous cases for clients who needed our assistance in accepting their licensor's real estate throughout Greece and abroad.

Acceptance of inheritance with the benefit of the inventory

The heir has the right, within a period of four months from the time he learned that he had become an heir, to accept the inheritance with the benefit of the inventory, limiting his liability for the obligations of the inheritance to its assets, that is, to the total value of the inheritance. This action is of paramount importance, as in this way the creditors of the deceased - the heir cannot demand satisfaction of the claim they had against the heir by turning against the personal property of the heir, who accepted with the benefit of the inventory. Thus, the inheritance, although it becomes the property of the heir, is separated from his personal property and is offered for the satisfaction of the creditors' claims against the deceased. This specific action is very important in the frequent case that the heir had obligations, that is, owed.

Lawful Fate

Everyone has the right to divide their property as they wish, but the law imposes certain obligations. One of these is the Legal Share, that is, the minimum share of the deceased's property that must be awarded to the spouse and children. The legal share is half of the intestate (i.e., without a will) share. The right to a legal share in the inheritance is held by the children and the spouse, who are the intestate heirs. The sharer who is entitled to the legal share participates as an heir. By law, a child who has not been disinherited by his/her parent is an heir in the percentage that corresponds to him/her, which is half of what he/she would have received if the inheriting parent had not left a will. In this way, co-ownership of the property arises. When there is a right of inheritance by will, whoever has a right to a legal share in the inheritance is not bound by the content of the will to the extent that it excludes or limits his legal share, and thus the will in this respect is invalid.

In order to calculate the legal share, the condition and value of the inheritance at the time of the death of the deceased are taken into account. Also, the value of the benefits of the deceased to the share holders or third parties (donations, parental benefits), referred to as fictitious inheritance, are added at the time they were made. The action brought by the share holder for the return of his legal share requires objects of the inheritance that belong to him and are illegally retained by the holder of them. In this case, the sharer of these objects must invoke the death of the deceased by proving their kinship, the status of the disputed objects as inherited objects, their possession and retention by the defendant as the heir of the testator, the establishment of a will in accordance with the legal forms by which his legal share was affected, as well as to determine the percentage of the inheritance to which his legal share amounts. In addition, for the calculation of this percentage, the assets and their monetary valuation, which constitute the inheritance and specifically the type, extent and value of each, must be mentioned. Finally, the legal share is a right that can be claimed at any time by the necessary heir or the heir of the necessary heir only on the actual inheritance.

Memoris of Astorgis Doreas

Any gift made during the life of the deceased, which is counted in the inheritance, may be overturned if the inheritance existing at the time of the death of the deceased is not sufficient to cover the legal share. Insufficiency exists when the value of the net assets of the inheritance is less than the value of the legal share. In this case, the legal sharer or his successors may, through the legal actions provided for by law, receive the legal share that is rightfully theirs in order to restore the right. The overturning occurs by means of a lawsuit brought by the legal sharer or his successors against the donee or his heirs. It should be noted that the sharer does not necessarily have the status of a sharer at the time the donation was made. The right of overturning is prescribed two years from the death of the deceased. However, not all charitable legal acts of the testator are subject to the charge of disinterested donation. For example, with regard to donations to third parties, these must have been made within the last ten years prior to the inheritance being granted and not for reasons of decency or a particular moral duty.

Probate

The certificate of inheritance is a certificate of the heir's right to inherit. It can further confirm the right of the trustee, the legatee and the executor of the will. With this procedure, the heir proves that he has the rights to the movable and immovable property of the deceased that are mentioned in the certificate of inheritance, so that they cannot be disputed. The certificate of inheritance is often necessary in order to investigate any inherited property of the deceased, by presenting it to any service and is granted upon application to the court of inheritance. The application for the issuance of the court decision, which will subsequently order the issuance of a certificate of inheritance, is submitted by the heir, as well as the trustee, the legatee, the executor of the will, the creditors of the estate or of the heir, the trustee in bankruptcy and in any case anyone who may carry out compulsory execution. If there are more heirs, each one may request a certificate of inheritance for his share (individual certificate of inheritance), but a joint certificate of inheritance may also be requested, which certifies the hereditary status and the inheritance shares of all heirs. The content of the application for the issuance of a certificate of inheritance must be clear. It is necessary to indicate the date - chronology of death and the full details of the deceased, the will and its content or the family relationship on which the inheritance right is based, the absence of other persons who exclude or limit the inheritance right or that those that existed have lapsed as well as the manner in which they lapsed, the content of other wills if any and whether a trial is pending for the inheritance right. The certificate of inheritance is issued by the secretary of the inheritance court, following a court decision ordering its issuance and has the form of a certificate. Our office undertakes the legal procedure for the issuance of a certificate of inheritance in the fastest possible time and at a limited cost for its clients.

Sealing, Unsealing & Inventory

Following the sudden death of a person at home, anyone with a legitimate interest, upon request or ex officio, may order the sealing of the property or even the deceased's car, appointing a notary to carry it out. This is done to prevent any risk and to secure the movable property located in the home. The Justice of the Peace, at the scheduled hearing, is obliged to order the summons of the person who requested the sealing, as well as those who were present during its execution, and if the sealing was carried out on an estate asset, he may order the summons of those who are presumed to be heirs, trustees, legatees and executors of a will. The sealing is followed by an inventory of the objects found in the movable or immovable property of the deceased and the keys are kept at the Magistrate's Court.

Subsequently, and once the inventory process is completed or even if maintaining the seal was not necessary, the unsealing is carried out, that is, the opening of the space that had been sealed, so that free access to it is not impeded and the property is taken from the hands to which it belongs, following an order from the Justice of the Peace who ordered the sealing. The unsealing process is regulated by articles 831 et seq. of the Code of Civil Procedure and can be carried out at the request of anyone with a legitimate interest or ex officio by the Justice of the Peace, who, as soon as he is informed of the fact, has the duty to initiate the process and order the unsealing, and the unsealing request may be combined with an inventory request. The inventory is regulated by articles 737 - 738 and 831 of the Code of Civil Procedure and is carried out to prevent danger. The competent authority is the Justice of the Peace of the district where the property is located and the inventory is carried out by a Notary.

Unsealing and resealing may also be ordered to prevent danger or for another important reason. The Justice of the Peace, at the hearing scheduled, is obliged to order the summons of the person who requested the sealing, as well as those who were present during its execution, and if the sealing was carried out on an estate asset, he may order the summons of those who are suspected of being heirs, trustees, legatees and executors of a will.

 Renunciation of inheritance by a minor

The economic recession has increased the debts of many citizens, mainly to the State and the Banks. A business activity that failed, even several years before death, may have created debts that still exist. This has the result that the heirs of the deceased must initiate the process of renouncing the inheritance in order to avoid suddenly finding themselves in debt. The renunciation of the inheritance by an adult is a simple process and the assistance of a lawyer is not necessary. However, if the heir is a minor or after the renunciation of the inheritance of the previous in the order, he becomes the heir, then it is necessary to resort to the court. Therefore, great care is advised to parents who, as those exercising parental responsibility, must initiate the procedure for renouncing inheritance for their minor children in a timely manner, i.e. within four months, so that they do not bear the adverse obligations of the inheritance. In order for this to be accomplished, the parents must be given special permission by court decision. The relevant application for the issuance of the above decision is submitted to the locally competent Court of Peace in the voluntary jurisdiction section. Upon filing the application, which is mandatorily served on the Prosecutor of First Instance, a trial date is set for trial. According to the law, the renunciation of inheritance for minors must, as for adults, be completed within the four-month limitation period, unless the deceased had his last residence abroad or the heir learned that he became an heir while residing outside Greece, in which case the period changes to one year. A late renunciation of inheritance is invalid and may have adverse consequences in the lives of minor children after they reach adulthood, which is why informing parents about the actions that must be taken is essential. The period for renunciation of inheritance begins from the time the heir learned of the induction of the inheritance, while in the case where the heir inherits by will, the period begins after its publication. In the case of a minor, the four-month period for renunciation begins from the moment the parents become aware that their child has become an heir. However, it should be noted that the four-month period for renunciation of the inheritance of a minor is suspended from the filing of the application with the Court of Justice until the issuance of the decision. However, if the four-month period expires, then it is considered that the inheritance has been tacitly accepted by the children and the renunciation of the inheritance at a later time is invalid. Thus, the minor is at risk of becoming an heir due to the expiration of the four-month period for renunciation of the inheritance. If this happens, the minor's acceptance of the inheritance may be annulled if it is proven in court that the expiry of the deadline is due to a material error on the part of the parents and the relevant lawsuit is filed with the Multi-Member Court of First Instance.

Our office undertakes, at a low cost and within the statutory deadline, the legal process of renouncing inheritance by a minor, which should be a priority for every parent in order to avoid harming their child.

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