Challenging a will and protecting forced heirship rights are among the most complex issues in Greek inheritance law. When an heir believes that he or she has been excluded from a will or has received less than the law provides, a general sense of unfairness is not enough. A careful legal review is required, taking into account the will, the family relationship, the estate, any prior donations or parental gifts, and, most importantly, the applicable deadlines.
This issue has become even more important following Law 5303/2026, which introduced a broad reform of Greek inheritance law. However, the main new provisions do not apply immediately to all cases. As a general rule, they apply to inheritance relationships of persons whose death occurs on or after 16 September 2026.
Therefore, we are currently in a transitional period. For cases where the death of the deceased occurred before 16 September 2026, the previous legal framework generally remains relevant. For deaths occurring on or after 16 September 2026, the new framework must be examined. This means that every case involving a will challenge or forced heirship must begin with one critical question: which legal regime applies?
What Is Forced Heirship?
Forced heirship is the mechanism by which the law protects certain close relatives of the deceased, even against the provisions of a will. A testator is free to regulate his or her estate by will, but this freedom is not unlimited where the law recognises certain persons as forced heirs.
In principle, forced heirs are:
- the descendants of the deceased,
- the parents of the deceased, where they would be called to the intestate succession,
- the surviving spouse.
Forced heirship is connected with intestate succession. In simple terms, it is necessary to examine what the forced heir would have received if there had been no will, and the legal protection is calculated on that basis.
The Framework Currently Applicable for Deaths before 16 September 2026
For deaths occurring before 16 September 2026, forced heirship generally continues to be assessed under the previous legal framework.
Under that framework, the forced share corresponds to one half of the intestate share of the forced heir. To that extent, the forced heir participates as an heir. This is particularly important, as the right is not merely a monetary claim but a participation in the inheritance to the extent of the forced share.
If the testator leaves the forced heir less than the forced share, the forced heir may seek judicial protection. The appropriate legal remedy depends on the content of the will, the composition of the estate, whether donations or parental gifts exist, and whether the forced heir’s status as heir is disputed.
It is therefore not appropriate to refer mechanically to a single action or a single deadline. The legal basis of the claim is decisive.
What Changes from 16 September 2026 under Law 5303/2026
For deaths occurring on or after 16 September 2026, the new inheritance law substantially changes the function of forced heirship.
The most important change is that forced heirship is now structured, in principle, as a monetary claim against the heir. This claim amounts to half of the value of the intestate share. It arises upon the death of the deceased, is inheritable and transferable, and the forced heir may waive it by declaration addressed to the heir.
This change is fundamental. Under the new law, the forced heir should not automatically be treated in the same way as under the previous system, namely as participating in the estate to the extent of the forced share. Protection mainly takes the form of a monetary claim, although the court may, where circumstances so require, order in-kind attribution of a share or asset corresponding to the forced share.
This means that, once the new framework applies, not only the calculation and enforcement of the forced share change, but also the legal strategy for handling such cases.
When Is the Forced Share Affected?
The forced share may be affected where the will leaves the forced heir less than what the law guarantees. This may occur because the forced heir has been entirely excluded, because he or she received a smaller share, or because the will imposes terms or limitations affecting the protected right.
The forced share may also be affected by transfers made during the lifetime of the deceased, such as donations, parental gifts or other transfers without consideration. In such cases, it must be examined whether and to what extent such transfers are taken into account when calculating the forced share.
This assessment is often demanding. Reading the will is not enough. A review of the deceased’s overall property situation, title deeds, previous transfers and family circumstances is required.
Omission of a Forced Heir from the Will
A particular case is the omission of a forced heir from the will. This refers to a situation where the testator does not include in the will a person who is a forced heir, either because the testator did not know of that person’s existence when making the will, or because that person was born or became a forced heir after the will was made.
Under the previous law, omission of a forced heir could, under certain conditions, lead to annulment of the will. However, this protection should not be confused with supplementation of the forced share. It is a different legal basis, with different requirements and deadlines.
Under the new law, the rule is formulated differently. The disposition of last will is voidable to the extent that it restricts the intestate share of the omitted forced heir. This is a material difference, because it is no longer safe to state generally that omission of a forced heir always results in annulment of the entire will.
For this reason, each case requires review of the applicable law, the wording of the will, the testator’s knowledge or lack of knowledge, the time when the person was born or became a forced heir, and the precise relief that may be sought in court.
Disinheritance and Deprivation of the Forced Share
Disinheritance or deprivation of the forced share is different from a simple omission or limitation of the forced heir. A testator cannot deprive a forced heir of the forced share arbitrarily or merely because he or she does not wish to include that person in the estate.
Deprivation of the forced share is permitted only for specific reasons provided by law and must appear in the will. If the reason does not exist, cannot be proven or does not meet the statutory requirements, the forced heir may be entitled to judicial protection.
Such cases are particularly delicate, as they require interpretation of the will, proof of specific facts and a clear distinction between genuine disinheritance, simple omission and infringement of the forced share.
Challenging a Will on Other Grounds
A will may be challenged not only because it affects forced heirship rights, but also on grounds relating to its validity.
Such grounds may include:
- failure to comply with the required form,
- lack of testamentary capacity,
- the testator’s condition at the time the will was made,
- mistake,
- fraud,
- threat,
- undue influence or pressure decisively affecting the testator’s will.
Especially in cases involving elderly testators or persons with serious health issues, such disputes are evidentially demanding. Medical records, hospital files, witness testimony and evidence regarding the circumstances in which the will was made are often required.
Following Law 5303/2026, it must also be examined whether the previous or the new framework applies to the specific case in relation to the form of the will, publication, nullity or voidability.
Deadlines and Limitation Periods
Deadlines are perhaps the most critical issue in cases involving will challenges and forced heirship. There is no single deadline for all cases. The applicable deadline depends on the legal basis of the claim and on whether the previous or the new legal regime applies.
Under the previous framework, protection of the forced share was generally connected with the forced heir’s status as heir and could be subject to longer limitation periods. However, specific claims, such as annulment of a disposition of last will or reduction of transfers affecting the forced share, have their own requirements and time limits.
Under the new framework, the forced heir’s claim against the heir is time-barred after two years, starting from the end of the year in which the forced heir became aware of the existence of the claim. In any event, the claim is time-barred after twenty years from the death of the deceased.
In addition, the claim against the recipient of a transfer without consideration, such as a donation or parental gift taken into account for forced heirship purposes, is time-barred three years after the death of the deceased.
The right to annul a disposition of last will on grounds such as omission of a forced heir or other voidability grounds is subject to a special extinction period. For this reason, prompt legal assessment is essential.
Lifetime Transfers, Parental Gifts and Donations
Lifetime transfers made by the deceased are particularly important in forced heirship cases. Often, the real issue does not arise only from the will, but from the combination of the will with prior transfers of assets.
Parental gifts, donations, transfers of real estate or other transfers without consideration may, under the conditions provided by law, affect the calculation of the forced share. The assessment is not simple and requires review of the timing, value, nature and recipients of the transfers.
Under the new law, the importance of such transfers remains significant, as special claims are provided where the estate existing at the time of death is insufficient to satisfy the forced share.
What Should a Person Who Believes Their Rights Are Affected Do?
A person who believes that his or her rights are affected by a will, or that he or she has not received the forced share, should act promptly and methodically. The first step is to collect the key documents.
Usually, it is necessary to review:
- the will and certificate of publication,
- certificates of closest relatives,
- title deeds,
- any parental gifts, donations or other transfers,
- the composition and value of the estate,
- possible estate debts,
- the date of death of the deceased,
- the applicable legal regime,
- the deadlines currently running.
Choosing the wrong legal basis or acting out of time may have serious consequences. Especially today, due to the transition from the previous to the new inheritance law, each case must be reviewed from the outset with particular care.
Frequently Asked Questions (FAQ)
Who is entitled to a forced share?
In principle, forced heirs are the descendants of the deceased, the parents of the deceased where they would be called to the intestate succession, and the surviving spouse. Each case must be reviewed based on the family situation and the applicable legal regime.
How much is the forced share?
The forced share is connected with the intestate share. Under the previous law, it corresponds to half of the intestate share and the forced heir participates as heir to that extent. Under the new law, for deaths occurring on or after 16 September 2026, it operates in principle as a monetary claim equal to half of the value of the intestate share.
If I was left out of the will, is the entire will annulled?
Not necessarily. The answer depends on the applicable law and on the reasons why the forced heir was omitted. Under the new framework, annulment due to omission of a forced heir is provided to the extent that the omitted forced heir’s intestate share is restricted.
Can I challenge a will if the testator lacked mental capacity?
Yes, provided there is specific evidence showing that, at the time the will was made, the testator lacked the required capacity or that his or her will was substantially affected. Such cases require careful evidential preparation.
How much time do I have to act?
There is no single answer. The deadline depends on whether the claim concerns supplementation of the forced share, annulment of a disposition of last will, reduction of a donation or another form of protection. Law 5303/2026 introduces new specific deadlines for cases falling under the new regime. The matter should be reviewed immediately.
Are parental gifts made during the deceased’s lifetime taken into account?
They may be taken into account under the conditions provided by law. In many forced heirship cases, prior parental gifts or donations are crucial for calculating the rights of forced heirs.
Can I seek both annulment of the will and protection of the forced share?
Depending on the facts, more than one legal basis may need to be examined, either as main or alternative claims. However, their requirements must not be confused. Annulment of a will, protection of the forced share and claims arising from transfers affecting the forced heir are distinct legal issues.
Do I need a lawyer for a will challenge or forced heirship claim?
Yes. These cases require specialised legal handling. Choosing the correct legal remedy, observing deadlines, calculating the forced share and proving the relevant facts should not be treated casually.
Conclusion
Challenging a will and protecting forced heirship rights now require even greater attention due to the transition from the previous to the new inheritance law. For deaths before 16 September 2026, the case is generally assessed under the previous framework. For deaths on or after 16 September 2026, the new system introduced by Law 5303/2026 applies, substantially changing the nature and function of forced heirship.
It is not safe to rely on general information without reviewing the applicable legal regime. Each case must be assessed by reference to the date of death, the content of the will, the family relationship, the estate, any lifetime transfers and the applicable deadlines.
Our office undertakes legal assessment of cases involving will challenges, forced heirship and inheritance disputes, including review of critical deadlines, title deeds, wills and heirs’ rights under the legal framework applicable at the relevant time.
This article is for informational purposes only and does not constitute legal advice. Each case requires an individual assessment, based on its specific facts and the applicable legal framework. For tailored legal advice, please contact our office.
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