Publication and Declaration of a Will as Valid

07 Feb Publication and Declaration of a Will as Valid

The process of publishing and declaring a will as valid is a crucial stage in inheritance law, ensuring the authenticity and enforceability of the testator’s last wishes. According to the Civil Code and the Code of Civil Procedure, the conditions and procedures for publishing and declaring a will as valid are defined.

Publication of a Will 

The publication of a will is the official process during which the content of the will is made known to interested parties and the competent authorities. According to Article 807 of the Code of Civil Procedure, the Judge of the Single-Member Court of First Instance, where the notary who drafted or holds the will is located, is responsible for the publication, or, in the case of a holographic will, the Judge of the Single-Member Court of First Instance to which it is submitted for publication. The publication process includes the submission of the original will, the death certificate of the testator, and a certificate of close relatives. The Judge compiles a record in which the entire text of the will is registered, and any external defects that may affect its validity, such as deletions or damage, are certified.

Declaration of a Will as Valid 

The declaration of a holographic will as valid aims to confirm the authenticity of the testator’s handwriting and signature. The petitioner can bring a witness who will swear to the authenticity of the testator’s handwriting or signature. The Judge of the Single-Member Court of First Instance, after hearing the witness, may declare the will valid during its publication. Furthermore, Article 808 of the Code of Civil Procedure provides that the declaration of a holographic will as valid is made by a decree of the competent Judge of the Single-Member Court of First Instance if the authenticity of the handwriting and signature of the testator is probable. In cases where the heir is not the spouse of the testator or does not have a familial relationship of at least the fourth degree with the testator, a handwriting expert analysis is ordered to confirm the authenticity of the handwriting and signature. In this case, the Greek State is mandatorily called at least sixty days before the session.

Consequences and Importance of Declaration as Valid 

The declaration of a will as valid creates a rebuttable presumption of authenticity. This means that, after five years from the declaration without challenge, the burden of proof shifts to whoever disputes the authenticity of the will. Practically, this protects the heirs, facilitating the proof of their rights.

Conclusions 

The publication and declaration of a will as valid are fundamental processes that secure the testator’s will and protect the rights of the heirs. Understanding the relevant legal provisions and following the prescribed procedures is necessary for the proper management of inheritance matters.

At Law Firm Karpouzis – Lianou & Associates, we provide specialized legal services in the field of inheritance law. Contact us for personalized advice and information about your rights and options.