What happens when the inherited property of a foreign national is located in Greece?
When a foreign national passes away and bequeaths a property to their foreign heirs, and Inherited property of the foreign is located in Greece, we refer to the provisions of the Greek Civil Code, which includes regulations on private international law. According to Article 28 of the Civil Code, inheritance matters are governed by the law of the nationality that the deceased held at the time of death. This provision indicates that the substantive law of the deceased’s nationality at the time of death governs both testamentary (by will) and intestate (without a will) succession, as well as compulsory succession. Specifically, the law of the deceased’s nationality governs issues such as the existence and extent of inheritance rights, the timing of the succession, the conditions under which someone can become an heir, the acceptance or renunciation of the inheritance, legal remedies available to the heir against anyone claiming their inheritance rights, and matters concerning the executor of the will. The critical time for determining the applicable law is the time of the deceased’s death.
However, issues related to the possession and real rights over the inherited property of foreign in Greece are governed by the law of the jurisdiction where the property is located (Article 27 of the Civil Code). This law also governs the protection of real rights and the legal remedies available for their protection in case of infringement. Therefore, in response to the initial question, while the validity of a foreign will or other substantive inheritance matters will be judged based on foreign law, the acceptance of the inheritance must take place before a Greek authority in accordance with Greek law and must be legally registered at the relevant Land Registry.
Contact Economou & Economou law office in Athens, The best inheritance lawyers in Greece by email at econlaw@live.com or call us at (+30) 2103603824 or complete the form to help you determine your inheritance status and claim your inheritance property.
