EU Succession Regulation and Greek property: which law applies

Short answer

For deaths on or after 17 August 2015, EU Regulation 650/2012 applies the law of the country of the deceased's habitual residence at death to the whole estate, including Greek property, unless the deceased chose the law of a nationality he held. The law it designates applies even if it belongs to a non-EU country. Heirs can prove their status in Greece with a Greek certificate of inheritance (κληρονομητήριο) or, from another EU state, with a European Certificate of Succession.

The general rule: habitual residence

The law of the State where the deceased had his habitual residence at the time of death governs the succession as a whole. In exceptional cases, where the deceased was manifestly more closely connected with another State, that State's law applies. The courts of the Member State of habitual residence generally have jurisdiction over the whole succession.

If the deceased lived outside the EU but left assets in Greece, Greek courts may still have jurisdiction, for example if he was a Greek national at death, or for the Greek assets alone.

Choosing Greek law, or another nationality law

A person may choose, in a will or other disposition upon death, the law of a State whose nationality he holds when making the choice or at death; a person with several nationalities may choose any of them. A Greek living in Germany may therefore choose Greek law to govern his whole estate. From 16 September 2026, the choice can also be made in a Greek inheritance contract before a notary, where it cannot be revoked unilaterally.

What stays Greek regardless

The Regulation does not cover the recording of rights in property registers. Registration of Greek real estate in the land registry or cadastre, and the consequences of registering or not, remain under Greek law. Greek tax law also applies to Greek assets independently of which law governs the succession.

Proving who the heirs are

Greek certificate of inheritance (κληρονομητήριο): applied for at the court of the estate by an heir, legatee or executor, and may be registered instead of a notarial acceptance.
European Certificate of Succession: issued in the Member State whose courts have jurisdiction, for use in other Member States, where it takes effect without any special procedure and no legalisation is required. Certified copies are valid for six months, extendable.
Countries not taking part: Denmark and Ireland are not bound by the Regulation.

Questions clients ask

My father was Greek but lived in London for 30 years. Which law applies?

Generally English law as the law of habitual residence, unless he chose Greek law in a will. Under the Regulation the law of a non-EU State may also refer back to another law, so the analysis needs care.

Can I renounce a Greek inheritance in my country of residence?

Only if you are habitually resident in an EU Member State bound by the Regulation (Denmark and Ireland are not). There, the Regulation allows declarations of acceptance or waiver to be made before the local courts where that country's law permits, and treats them as formally valid if they meet that country's requirements; practical acceptance in Greece should be checked. Heirs living in the United States, the United Kingdom, Canada, Australia or another country outside the Regulation cannot use this route: the renunciation is declared at the registry of the competent Greek court, in person or through a representative with a special notarial power of attorney.

Sources

This page is general information, not legal advice; the answer in any real case depends on its facts and dates.

L+A advises families, business owners and heirs living abroad on inheritance and succession in Greece.

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If the deceased lived outside Greece, which law governs the inheritance of Greek property?