Kosmidis & Partners, solicitors
Partnering international businesses in Greece
Minimum forced inheritance share in Greece ("Nomimi Mira")
In stark contrast to what applies in other countries like the United States, in Greece a testator's freedom to dispose of his estate is subject to certain restrictions with regard to particular family members. The most fundamental legal principle which limits a testator's right to dispose of his estate freely is that of the minimum forced inheritance share ("nomimi mira") which must be granted despite any intention to the contrary on behalf of the testator.
The underlying aim of the minimum forced inheritance share is the safeguarding of the testator's close relatives and spouse, in other words, the family unit.
What is a minimum forced inheritance share?
Pursuant to Articles 1825 to 1845 of the Greek Civil Code 1825 (CC), a testator is prohibited from excluding from his will his children, spouse and parents. More specifically, a part of the testator's estate must be distributed to the above relatives and the minimum forced inheritance share must be equivalent to half of the inheritance share that each individual family member would be legally entitled to, had the testator died intestate (i.e. without leaving a will). However, it is noteworthy to stress that the minimum forced inheritance share is reduced accordingly where any contributions, that the testator may have granted to each of the above heirs while living, are found.
When does minimum forced inheritance share apply?
The law relating to the minimum forced inheritance share applies in the following circumstances:
- Testate - where the relatives would have inherited, had the testator died intestate, and do not inherit by virtue of the will or inherit less than the minimum forced inheritance share and
- Intestate - where the existing inheritance is insufficient to cover the minimum forced inheritance share due to conveyances the deceased made while living or because of restrictions that have been set by virtue of a will.
Can the testator disinherit his relative(s)?
A testator can disinherit a relative when the latter has committed a seriously unjust act against the former or/and has lived his life unethically. A spouse may be disinherited if a valid reason for divorce exists for which the spouse was liable.
If a testator proceeds to disinherit a relative by will or bequeaths to a relative a portion less than is provided by the minimum forced inheritance share, the relative has the right to claim (1) the percentage missing in order to complete his share or (2) the entire minimum forced inheritance share if he has been disinherited completely.
In addition, if the testator's inheritance at the time of his death is not enough to cover the minimum forced inheritance share, an inheritor is entitled to pursue the revocation and/or rescission of any gifts that may have been granted by the testator in life so as to claim his minimum forced inheritance share from those gifts.
What happens if inheritance share is refused?
In conclusion, certain legal consequences arise if the minimum forced inheritance share is not bequeathed in the event of a will. The will is effectively nullified and deemed void as far as the minimum forced inheritance share is concerned.
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