With the enactment of Law 5303/2026 (Government Gazette A΄ 81/22.05.2026) “Reform of Inheritance Law and Other Provisions”, the most significant reform of inheritance law in recent decades has been recorded. Key changes are identified in holographic wills, intestate succession, the forced share (legitime), the liability of heirs, and their mutual relationships, while the institution of inheritance contracts is introduced for the first time.
Ι. Holographic Wills
Holographic wills are not abolished. However, provisions are established to protect the genuine intent of the testator and to limit forgeries. In particular, an incomplete or deficient date no longer independently renders a holographic will invalid.
To prevent the exploitation of vulnerable persons, a holographic will drawn up by a person who is receiving care at health or social care service providers — during the period of care or within three months of its termination — is invalid to the extent that it bequeaths assets to persons connected with those providers (employees, owners, etc.), as well as to their relatives.
Finally, regarding legal effects, a published holographic will takes effect without prior probate only if it had been deposited for safekeeping with a notary public, or if it honors descendants or a spouse. In all other cases — and also when publication occurs more than two years after the date of death — probate is required.
ΙΙ. Intestate Succession — Strengthening the Rights of Spouse and Partner
The main thrust of the changes is the more favorable treatment of the spouse and, by extension, the partner under a cohabitation agreement, as well as the first-ever establishment of inheritance rights for persons in a “free union” (unregistered cohabitation).
With regard to the spouse, their inheritance share is increased: if concurring with children, they receive 1/3 if there is one child, and 1/4 if there are two or more. If not concurring with children, parents, siblings, or nephews/nieces, the spouse is called as sole heir to the entire estate. In addition, the spouse is entitled to exclusive use of the family residence without compensation for one year from the date of death, and may request, in lieu of their inheritance share, a usufruct over estate assets — which is extinguished upon their death and is non-transferable. The same rights apply to the partner under a cohabitation agreement.
With regard to the partner in a free union, inheritance rights are recognized for the first time, provided that the person permanently cohabited with the deceased for at least three years prior to death or, without any time restriction, if they had children together. The partner ranks in the fifth order of intestate succession — immediately before the State — and recognition of their right requires a court decision. If the estate includes the shared family residence and no spouse is called, the partner is also entitled to exclusive use of that residence without compensation for one year.
ΙΙΙ. Forced Share (Legitime)
The new law abolishes the in rem nature of the forced share and confers upon it an obligatory effect: it is converted into a monetary claim against the heirs, and the forced heir becomes a creditor of the estate. However, the possibility of satisfaction in kind by means of a share or asset through a court decision is retained. The claim arises upon the death of the deceased, is heritable and transferable, and is subject to a two-year limitation period.
If the estate is insufficient to cover the forced share, the forced heir may proceed directly against persons who received a gift or parental provision from the deceased and demand the shortfall — this claim also burdens the heirs of the recipient. Finally, a general privilege in favor of the forced share is established in the auction procedure, reinforcing the position of the forced heir.
IV. Heir Liability — Limitation of Personal Liability
A significant change is the establishment, as a general rule, of the separation of estate assets from personal assets. An heir is no longer personally liable for the debts of the estate, unless they declare to the court that they wish to administer it freely, or unless, without such a declaration, they dispose of estate assets for purposes other than satisfying creditors — such as for personal gain. In this way, cases of sudden burden on heirs with excessive debts due to ignorance or inaction are avoided.
V. Relations among Co-Heirs — Easier Partition
To avoid the fragmentation of estate assets, it is now possible for a court to award an indivisible estate item to one co-heir in exchange for payment of the market value of the shares of the others, instead of the previously sole option of an auction. If several co-heirs request the same item, the court decides on the basis of each party’s capacity to make beneficial use of it. The right of the spouse — and now of any co-heir who cohabited with the deceased — to request the exclusive award of the family residence in their favor during partition also remains, paying the difference if the property’s value exceeds their share.
VI. Inheritance Contracts
Two types of inheritance contracts are introduced in Greece for the first time:
The mortis causa inheritance contract allows several persons to jointly arrange the fate of their assets after death. It differs essentially from a will in that it is binding — the deceased cannot unilaterally revoke it. The freedom to dispose of their assets during their lifetime is not restricted, unless otherwise agreed. In such a case, if the deceased makes a gratuitous disposal of assets during their lifetime, the counterparty may seek the reversal of that transaction. The contract may provide for consideration during the lifetime of the parties, in which case both parties have a right of withdrawal in the event of breach. The deceased nonetheless retains the right of unilateral revocation if the beneficiary commits against them a wrongful act that would justify disinheritance, while the contract may also be annulled on the basis of the general provisions on legal acts (on grounds of mistake, fraud, or duress). It is executed exclusively before a notary public and published in the same manner as wills. Any subsequent will or new inheritance contract shall not be valid to the extent it conflicts with a prior mortis causa inheritance contract of the deceased.
The inheritance waiver contract allows a person to waive their future inheritance rights vis-à-vis the counterparty, with or without consideration. If consideration is agreed, the contract takes effect only upon its payment within six months. The waiving party is treated as if they had not been alive at the time of devolution, and the effects extend — unless otherwise stipulated — to their descendants as well. This contract is also executed before a notary public without any condition or time limit.
The two types of contracts may be combined.