From the combined provisions of Articles 1711 para. b, 1846, 1847, 1848, 1849, 1850, 1851 and 1856 of the Greek Civil Code, it follows that the heir, whether called by will or intestate succession, acquires the inheritance automatically upon the death of the deceased, without any action being required on their part, even without their knowledge or consent. However, this right of automatic acquisition of the inheritance is temporary and revocable, as it is subject to the resolutive condition of the timely disclaimer of the inheritance (Article 1847 CC), meaning that the heir is entitled to disclaim, at will, the inheritance devolved upon them either by will or intestacy, in which case the acquisition is annulled ab initio and deemed never to have occurred. According to Article 1854 CC, the right to disclaim the inheritance passes to the heirs of the heir.
The disclaimer of the inheritance is a declaration by the provisional heir that they reject, i.e. do not accept, the inheritance devolved upon them by will or intestate succession. The disclaimer constitutes a unilateral formative legal act, not addressed to a third party, subject to a constitutive formality, and incapable of being made subject to any condition or term, for the sake of transactional security (Article 1851 para. b CC). The relevant declaration of disclaimer is made before the secretary of the court of succession within a period of four months (subject to the differentiation of Article 1847 para. 2 CC), starting from the time when the heir became aware of the devolution and the reason for it (Areios Pagos 725/2014, Piraeus Court of Appeal 73/2020, NOMOS legal database).
If the deadline expires, the inheritance is deemed to have been accepted. Knowledge of the devolution, as the event triggering the four-month period, means knowledge by the heir of the death of the deceased; knowledge of the reason for devolution constitutes, in the case of succession by will or intestacy, the heir’s call to the inheritance. Moreover, in cases of intestate succession, where the kinship between heir and deceased is given from the outset and the heir is aware of the time of the deceased’s death, the four-month disclaimer period generally begins (unless later events intervene, such as exclusion of a prior heir, disclaimer, etc.) from the moment the heir became aware of the death of their relative. When the heir lawfully and timely disclaims the inheritance devolved upon them, the devolution to the disclaiming heir is deemed not to have occurred, and the inheritance devolves to the person who would have been called if the disclaiming heir had not been alive at the time of the deceased’s death.
In this case, the period for disclaiming the inheritance with respect to the share of the disclaiming heir does not begin from the knowledge of the deceased’s death but from the knowledge of the disclaimer, since the devolution of the inheritance in this case is connected to events occurring after the deceased’s death (disclaimer). And although, by legal fiction, the time of devolution retroactively dates back to the time of the deceased’s death as if the disclaiming heir had not existed, wherever the law requires knowledge of the devolution for a legal act, this also includes such subsequent events, before knowledge of which the disclaimer period does not begin (Areios Pagos 1534/2011, Areios Pagos 1570/2010 NOMOS, Piraeus Court of Appeal 73/2020 cited, Thessaloniki Court of Appeal 1920/2013 NOMOS). Furthermore, under Article 1857 para. b (a, c, d) CC, acceptance of an inheritance due to mistake is judged according to the provisions on legal acts. These provisions also apply to acceptance inferred from the neglect to disclaim within the time limit. Mistake as to the assets or liabilities of the estate is not deemed essential.
According to Articles 140 and 141 CC, if someone enters into a legal act and their declaration does not agree, due to an essential mistake, with their will, they have the right to request annulment of the legal act. A mistake is essential when it relates to a point so important for the entire legal act that, had the person known the true situation, they would not have undertaken the act. From these provisions it follows that the acceptance of inheritance inferred from the neglect to disclaim may be challenged by the heir or by the heir’s heirs, under Article 1854 CC, as mentioned above, on grounds of mistake, when such legally presumed acceptance does not correspond to their will, and when the mistake concerns a point so crucial that, had the heir known the true situation, they would not have allowed the disclaimer period to lapse. The erroneous knowledge or ignorance that creates the divergence between will and declaration, which when essential justifies annulment of the declaration due to mistake, may also derive from ignorance or erroneous knowledge of the aforementioned legal provisions on inheritance acceptance (Plenary Session of the Areios Pagos 3/1989, Areios Pagos 1497/2023, Areios Pagos 189/2017, Areios Pagos 496/2013 NOMOS, Areios Pagos 1534/2011, Areios Pagos 1570/2010 cited).
There is also mistake as to the law on inheritance acceptance when the heir is ignorant regarding: a) the system of acquisition of the inheritance under the CC, which occurs immediately upon the death of the deceased, in which case the period of Article 1847 CC does not begin because the ignorance excludes knowledge of the devolution, and b) ignorance solely of the existence of the period of Article 1847 CC for disclaimer, or of the legal significance of the lapse of this period without action (Article 1850 CC) (Areios Pagos 842/2022, Areios Pagos 827/2017, Areios Pagos 572/2016, Areios Pagos 1041/2015 NOMOS). Thus, under Article 1847 para. 1 subpara. a CC, the heir may disclaim the inheritance within a period of four months, beginning from the time they learned of the devolution and its cause (Areios Pagos 1087/2011 NOMOS).
Moreover, as positive knowledge of the devolution and its cause is required and culpable ignorance thereof is insufficient, the commencement of the above-mentioned period does not arise in cases of mistake by the heir regarding the devolution and its cause, as events triggering that period. In particular, lack of knowledge by the heir of the devolution and its cause due to ignorance or erroneous knowledge of the legal rules on inheritance acceptance prevents the commencement of the crucial period (Piraeus Court of Appeal 73/2020, Thessaloniki Court of Appeal (Single Judge) 2120/2015 cited). If fictional acceptance of the inheritance has occurred due to the aforementioned mistake, the commencement of the disclaimer period requires prior annulment of the fictional acceptance by final judgment, so that the subsequent disclaimer may produce its legal effects. The action for annulment of the acceptance of inheritance may be brought against the estate’s creditor (Areios Pagos 842/2022, Areios Pagos 827/2017 cited). A disclaimer made after fictional acceptance due to mistake produces legal effects only if the fictional acceptance is annulled, since it constitutes a disclaimer subject to a legal condition (condicio juris), i.e. a condition imposed by law, as the subsequent annulment retroactively relates back to the time of devolution (Areios Pagos 1497/2023, Areios Pagos 572/2016, Areios Pagos 1534/2011 cited).
In conclusion, from the combination of the above provisions and case law, the following key points arise:
- Automatic acquisition of inheritance – The heir acquires the inheritance automatically upon the deceased’s death.
- Right of disclaimer – This right is temporary, being subject to the resolutive condition of timely disclaimer. Disclaimer is unilateral, not addressed to a recipient, but a formal act before the secretary of the competent court, within four months from knowledge of the devolution and its cause.
- Commencement of period – In intestate succession, the period begins upon knowledge of the death and kinship. If later events intervene (e.g. prior heir’s disclaimer), the period for the subsequent heir begins from knowledge of such event.
- Fictional acceptance – The lapse of the period without action equates to acceptance of the inheritance. Such acceptance may be challenged due to essential mistake, under Articles 140-141 CC, concerning crucial elements of devolution or the governing law.
- Mistake as to the law – Ignorance or erroneous knowledge of the rules on devolution and disclaimer (e.g. ignorance of the period or of the significance of its lapse) may constitute essential mistake, suspending the commencement of the disclaimer period.
- Annulment of fictional acceptance – In cases of fictional acceptance due to mistake, prior judicial annulment is required for the subsequent disclaimer to take effect.
In short, the law on disclaimer balances between transactional security (time limits, formality) and the protection of heirs from ignorance or mistake. Timely knowledge and declaration are crucial, but case law acknowledges that essential mistake—particularly as to the law—may justify the reversal of fictional acceptance and open the way for disclaimer even ex post facto.
For further information and legal guidance on matters of acceptance or disclaimer of inheritance, please contact Karpouzis – Lianou & Associates Law Firm, to receive specialized support tailored to your case.
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