it concerns the transfer of property after a person’s death. Succession is not only a legal issue; it deeply affects family and social life, often creating tensions or difficult decisions.
Within this framework, two concepts of particular interest are disclaimer of inheritance and disinheritance. The first concerns the heir’s choice not to accept the inheritance due to him, usually for financial reasons (e.g., existence of debts). The second relates to the testator’s right to exclude certain heirs from his estate, under specific conditions set by law.
Disclaimer of inheritance is the right of the heir to refuse the share of the estate that accrues to him by succession. This option is usually exercised when the estate includes more debts than assets, so that the heir does not become burdened with financial obligations exceeding the benefit.
The disclaimer is declared before the competent Justice of the Peace and must be expressly made within four months from the moment the heir becomes aware of the devolution of the inheritance. If there is no will, the period starts from the decedent’s death, while in the case of a will, the period begins from the date of its publication. If the deceased resided abroad or the heir lives outside Greece, the deadline extends to one year.
Disclaimer cannot be partial; the heir must disclaim the entire inheritance. The declaration is final and irrevocable, meaning it cannot be withdrawn. After disclaimer, the inheritance share automatically passes to the next heir in line, according to the rules of succession.
If the deadline expires without action, the temporary heirs are deemed automatically and definitively heirs, with all the rights and obligations this entails.
Disinheritance is essentially the testator’s right to deprive one or more heirs of their inheritance share. However, this power is not absolute; Greek law provides for the institution of the forced share, which guarantees a minimum portion of inheritance to certain close relatives (e.g., children, spouse).
More specifically, there are two types of disinheritance:
Broad disinheritance, meaning exclusion from intestate succession, subject to the rules of the forced share.
Strict disinheritance, which deprives the forced heir even of his lawful share. This can occur only for specific reasons provided by the Civil Code, such as:
if the heir attempted to kill the testator,
if he intentionally caused serious harm to the testator’s health,
if he committed a serious crime against the testator,
or if he seriously failed to fulfill his legal duty of support toward the testator.
Disinheritance must be expressly stated in the will, with the reason clearly specified. If there is no valid reason, or the reason is false, the will may be contested in court by the affected heir.
Although both disclaimer and disinheritance lead to the same result – a person not participating in the inheritance – they are two entirely different legal institutions, with distinct origins and legal consequences. The main differences lie in:
Initiative of the process:
In disclaimer, the heir himself decides to refuse the inheritance.
In disinheritance, the initiative belongs exclusively to the testator, who through his will may reduce or eliminate an heir’s share.
Stage:
Disclaimer takes place after the decedent’s death, when the heir is called to the inheritance.
Disinheritance occurs during the testator’s lifetime, through the drafting of his will.
Legal restrictions:
Disclaimer is the heir’s right and requires no justification.
Disinheritance, by contrast, can only occur for legally specified reasons, to protect the forced share of close relatives.
Effects:
Through disclaimer, the inheritance passes to the next heir in line, who may also choose to disclaim.
Disclaimer and disinheritance are two distinct mechanisms of inheritance law serving different purposes: the former safeguards the heir’s right to protect himself from unfavorable financial consequences, while the latter secures the testator’s will regarding who will succeed him. Despite their differences, both procedures require careful legal guidance and proper information to avoid nullities or legal disputes.
Family relationships and property are deeply interconnected, and understanding these institutions is not merely legal knowledge but a tool for protecting assets, family welfare, and the individual’s will itself.
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