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WILL DRAFTING

According to Greek law, there are various legal ways to draft a will. Among these are the public will, which is drawn up before a notary public, and the holographic will.


Public Will


The public will is drafted in the presence of a notary public and three witnesses or two notaries public and one witness. In the case of a public will, the testator is not obliged to draft the text of the will himself but may orally inform the notary public in the presence of witnesses about his wishes, that is, express in simple terms what he wants to include in his will.


The notary public prepares a notarial document, which must include: the date and place of drafting the will, the full details of the testator, the full details of the notary public and the witnesses, as well as the testator's declaration of intent regarding his property.


After drafting the aforementioned will, the notary public reads it in the presence of the testator and the witnesses, and once it is ensured that the will has been read and reflects the true intention of the testator, the will is signed by all present. The will is kept by the notary public and is published after the death of the testator.


Holographic Will


The most common type of will in Greece is the holographic will, which, as its name suggests, is handwritten by the testator. All that is required for the drafting of a holographic will is paper and a pen. However, special attention is needed when drafting a holographic will, as it must contain certain elements in order to be valid.

WILL DRAFTING

Specifically, the holographic will must include the full name of the testator, the date of drafting (e.g., Sunday, June 12, 2023), details of the inheritance (movable or immovable property), details of the person or persons who will inherit the estate after the testator's death, and the signature of the testator. A holographic will can be kept by anyone and anywhere. Additionally, it can be modified by the testator at any time or, if desired, a completely new will can be drafted.


Many consider drafting a holographic will to be an easy task, but in practice, the cancellation of a holographic will is a common phenomenon. A will can be invalidated for various reasons, either because it does not contain the necessary details of the testator and their estate, or because it contains corrections and/or mistakes, or because it contains unclear instructions regarding the disposition of the inherited property or ambiguous terms for the heirs.


If you need assistance with drafting a will, please contact our Law Office, and we will ensure that your will is drafted in accordance with the law, and therefore, your wishes will be upheld in the future.

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