Types of Wills in Greece

07 Feb Types of Wills in Greece

According to the Civil Code, there are three main types of wills in Greece, each providing different levels of security and formality. Understanding their characteristics is important for anyone interested, so they can choose the appropriate form of will according to their needs.

Holographic Will

The holographic will is the simplest form of will and is written entirely by the testator themselves. To be valid, the testator must:

• Write the will by hand,
• Sign it at the end of the document, and
• Date it. The holographic will does not require the presence of witnesses or a notary, however, it is often recommended to store it in a safe place or deposit it with a notary.

A false or incorrect date does not in itself invalidate the holographic will. Simple additions in the margin or as a codicil must be signed by the testator, otherwise, they are considered as not written. Deletions, erasures, scratches, or other such defects are verified by the court that publishes the will and can, at the court’s discretion, lead to partial or total invalidation of the will. It is noted that a person who is unable to read cannot make a holographic will.

Public Will

A public will is made with a statement by the testator of their last will in front of a notary and requires the presence of three witnesses or a second notary along with one witness. This process offers increased security, as the will is stored by the notary and recorded in their books. The notary ensures the correct formulation and content of the will, making sure it meets the legal requirements. It is noted that there are restrictions on who can act as a notary or witnesses, and the witnesses swear in front of the notary and the testator to keep the provisions of the will confidential until its publication. The will is documented in a deed that must include: a) the day, month, year, and place it was made, b) identification of the testator to prevent any ambiguity about their identity, c) the name and surname of the notary and other participating individuals, as well as, though not affecting validity, the notary’s office location, and the profession and residence of other participating individuals, d) the declaration of the testator’s last will and mention that all legal provisions were observed.

Secret Will

The secret will combines elements from both of the above types. The testator drafts the will in the same manner as a holographic will and delivers it to a notary in the presence of three witnesses or a second notary along with one witness, keeping the content confidential. The same restrictions apply to the notary and other participants as in a public will. The notary issues a public document for the deposit of the will, but the text of the will itself is not disclosed until the testator’s death. The secret will ensures the security of storage and the confidentiality of its contents. A secret will that is void is valid as a holographic will if it is valid as such.

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.