Action for Forced Heirship (Reserved Portion): When It Is Filed and What You Need to Know
An action for forced heirship (reserved portion) is a key legal mechanism that protects the deceased’s close relatives when the minimum share of the estate guaranteed to them by law has been infringed. Under Greek inheritance law, the freedom to dispose of property by will is not absolute. The Greek Civil Code provides that certain persons—the so-called forced heirs—are entitled to a reserved portion, regardless of the testator’s wishes.
An action for the reserved portion is pursued when this right has been violated, either through a will or through lifetime gifts (donations inter vivos).
What the Reserved Portion Is
The reserved portion is the minimum part of the inheritance that the law guarantees to specific relatives of the deceased. Pursuant to Articles 1825 et seq. of the Greek Civil Code, the beneficiaries of the reserved portion are:
- the deceased’s children,
- the deceased’s parents (provided there are no descendants),
- the surviving spouse.
The reserved portion corresponds to one half (1/2) of the intestate share the heir would have received if no will existed.
When the Right to Bring an Action Arises
An action for the reserved portion is brought when the beneficiary:
- has been fully excluded by the will, or
- has received a smaller share than the reserved portion to which they are entitled, or
- lifetime gifts have been made that reduce or effectively eliminate the reserved portion.
In practice, judicial enforcement is triggered once, after the death, it becomes clear from the contents of the will and/or the lifetime dispositions that the beneficiary did not receive the protected share.
What the Action Seeks to Achieve
By bringing this action, the beneficiary seeks:
- recognition of their right to the reserved portion, and
- delivery of the corresponding inheritance share, either in money or in kind.
In many cases, the action is brought against the heirs who benefited under the will or against the recipients of lifetime gifts.
Lifetime Gifts and the Reserved Portion
Of particular importance is the relationship between the reserved portion and lifetime gifts. The Greek Civil Code provides that, when calculating the reserved portion, certain gifts made during the deceased’s lifetime are also taken into account.
If these gifts infringe the reserved portion, the beneficiary may seek their reduction through legal action, so that the reserved portion is restored.
Time Limits for Bringing the Action
A claim for restoration of the reserved portion may be pursued through different legal remedies, depending on whether the infringement results from a will / succession or from lifetime gifts, and the applicable limitation periods are not uniform.
Indicatively:
- Where restoration of the reserved portion is pursued as an inheritance claim (action for the estate / reduction), the general limitation rules applicable to inheritance claims apply.
- Where the infringement is due to lifetime gifts and an action for reduction of excessive gifts (mempsi) is filed, a special time limit applies.
For this reason, timely legal assessment is critical, as expiry of the applicable time limit may result in definitive loss of the right.
Procedure and Evidence
The action is filed before the competent civil court and requires:
- identification of the estate assets,
- calculation of the intestate share,
- documentation of the gifts or testamentary dispositions that infringe the reserved portion.
The procedure is complex and often requires financial documentation, deeds, and accounting valuation of the estate.
Who Is Entitled to the Reserved Portion
Under Article 1825 of the Greek Civil Code, the right to a reserved portion belongs to specific persons whom the law classifies as forced heirs. These are the persons who would be called to inherit if intestate succession applied.
The beneficiaries of the reserved portion are:
- the deceased’s descendants (children, grandchildren, great-grandchildren, etc.),
- the deceased’s parents,
- the surviving spouse.
However, a person is considered a reserved-portion beneficiary only if they are the closest in degree or class who would inherit in the absence of a will. As has also been held in case law (see Piraeus Court of Appeal 1188/1996), where the deceased has descendants, the parents are excluded from the right to a reserved portion even if they are alive.
Meaning of Descendants and Ascendants
The term descendants refers to all persons who come from the testator in the direct descending line, such as children, grandchildren, and great-grandchildren. Children are considered descendants where the relationship arises from a lawful marriage, as well as where a child has been acknowledged, either voluntarily or by court decision.
Ascendants include the deceased’s parents—namely the father and the mother—provided that the relationship arises from marriage to the mother or from lawful acknowledgment.
The Surviving Spouse as a Reserved-Portion Beneficiary
The surviving spouse is among the persons entitled to the reserved portion, provided that the marriage to the deceased existed and continued until the deceased’s death.
In the event the marriage is annulled, annulment has retroactive effects (Article 1381 of the Greek Civil Code), meaning the spouse loses the right to the reserved portion. An exception applies in the case of a putative marriage (Article 1383 of the Greek Civil Code), where the spouse acting in good faith retains certain rights.
Disinheritance from the Reserved Portion
Deprivation of the reserved portion, i.e. disinheritance, is permitted only under strict conditions set by law. For disinheritance to be valid, it must cumulatively be true that:
- a valid will has been executed,
- a ground for disinheritance expressly provided in Articles 1840–1842 of the Greek Civil Code is stated,
- the ground is true and specific,
- it existed at the time the will was made,
- it has not been lifted by the testator’s forgiveness.
If any of the above conditions is not met, the disinheritance is invalid and the reserved-portion beneficiary retains their rights.
Grounds That May Justify Disinheritance
The law strictly limits the grounds on which a forced heir may be excluded from the reserved portion. Indicatively, grounds include:
- intentional infliction of bodily harm on the testator or on the spouse from whom the descendant derives,
- commission of a felony or serious misdemeanour with intent against the testator or the testator’s spouse,
- malicious failure to fulfil a statutory maintenance obligation toward the testator.
In any case, the right to disinherit is extinguished if the testator has forgiven the heir expressly or implicitly.
Frequently Asked Questions (FAQ)
Can I be completely excluded by a will?
No—if you are a forced heir, exclusion does not eliminate your right to the reserved portion.
Can I claim money instead of real property?
Yes, satisfaction of the reserved portion may also be made in money.
What if gifts were made before death?
Lifetime gifts are taken into account and may be reduced if they infringe the reserved portion.
Do I need a lawyer?
Yes. Reserved-portion claims are complex and require specialised legal expertise.
Is settlement possible?
Yes. In many cases an out-of-court settlement or a court-approved agreement precedes or follows litigation.
Conclusion
An action for the reserved portion is an essential tool for protecting forced heirs against unfair or abusive dispositions of property. Proper legal guidance and timely enforcement are decisive for the successful outcome of the case.
Each case has its own particularities and requires accurate legal assessment based on the specific facts and the applicable legal framework. Karpouzis-Lianou & Associates Law Firm undertakes the evaluation and handling of cases with responsibility and legal precision. Contact us so that we may review the facts of your case.
This article is provided for informational purposes only and does not constitute legal advice. Each case requires an individual assessment based on the specific facts and the applicable legal framework. For tailored legal advice, please contact our law firm.
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