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Legislation in Greece
Information on the legislation in Greece
 

 
Inheritance acceptance in Greece
 
The courts in Athens are the only ones by law who have the authority, to serve all the people who reside abroad and have Inheritance legal issues to solve in Greece and no other court anywhere in the whole Greek region.
 
A relative, Greek or not, died abroad and had assets in Greece. Below the procedure (all actions have to be taken in Athens) to follow in order to accept an inheritance in Greece and be declared as legal heirs:
 
a)
Inform and provide your lawyer (whom you have to give a specific Power of attorney) with your relative's last will and testament along with all the documentation you might have in your hands, regarding the deceased person and his assets.
b)
Your lawyer will follow a certain procedure to accept the inheritance and declare you, as legal heirs. Part of the procedure is to attend the court to publish the testament.
c)
Depending on the assets and the heirĘs disputes, your lawyer has to attend the court to receive a certificate declaring your inheritance rights to the property. Your lawyer needs to issue and receive from the Greek authorities various documents and certificates.
d)
Your lawyer will register your inheritance acceptance contract at a specific office in Athens, where you will also receive the inheritance ownership certificate.
e)
File the inheritance tax forms at the specific Athens tax office which is called “Tax office for residents abroad” (at Patission Street solely created, for that purpose)
f)
Pay your inheritance taxes solely to the Athens tax office.

 

 
Parent's donation in Greece
 
This legal practice was invented to enable the parents to donate their assets to their children while they are still alive, to avoid paying enormous future inheritance taxes; as the parent's donation tax is always much lower than the inheritance tax.
 
To donate to your children your assets: 
a)
You must attend the notary's office and declare your wishes. You can choose if you want to make your child/children total owner or only partly owner of your assets, until the time you die.
b)
You must pay the "Gift tax" which is currently:
1) For a property which is worth 20.000 euros, the donation is tax free.
2) For a property which is worth 50.000 euros, the donation tax is 750 Euros.
3) For a property which is worth 100.000 euros, the donation tax is 3.500 euros.
c)
Donating taxes can be paid in one installment and you will get 5% discount, or, you can pay it in several installments.  Each installment can not be less than 300 Euros.
 
The whole procedure can be completely undertaken by your lawyer, by giving him/her a Power of Attorney.

 

 
Mixed marriages and divorces
 
Greece on the year 2001, has signed a specific Treaty with all European Countries, apart from Denmark. With this Treaty, a European divorce Court's decision is automatically valid and legal in both Countries of the divorcees (Greece and the other European Countries).

The question is, what is happening with the rest of the Countries which have not signed the Treat and what is happening with all European Countries from which Greek people got divorced before the Treaty was signed?

If the Greek person who got divorced in a country which has not signed the Treaty or got divorced prior of the year 2001, this person is according to the Greek law still considered married in Greece.
 
What to do?
a)
The Greek divorced persons must declare their "foreign" divorce court's decision, legal in Greece. To enforce this purpose, a lawyer has to make an application to the Greek court, receive a hearing date and present the case in front of the Judge.
b)
The lawyer has to present the court with certain documentation from the Greek and the foreign Courts. These documents must be officially translated into Greek (either at the Ministry in Athens, or the Greek Embassy abroad) and have to have the Apostille stamp at the back.
c)
The whole procedure in Greece may take seven (7) to nine (9) months to be terminated.
d)
Certain documents have to be presented to the Archbishop in Athens, to receive the spiritual dissolution of the marriage. Only then the Greek persons will be declared legally divorced in Greece. This procedure is followed solely for the Church weddings.
e)
A similar procedure is followed to the Register's office in Greece, if the marriage which took place abroad, was Civil.

 

 
For more information and legal assistance visit http://www.e-lawnet.gr/en/

 
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