Wills are made when a testator wishes arrangements other than intestate sequence arrangements. There is no need for a foreigner to make a local will, but in Greece an alien can do his/her will (which is neither advisable or practical if the testator does not intend to continue living in Greece). There are three types of ordinary will in Greek law, i.e. the holographic, the public and secret. Main suppliers
A holographic measure is handwritten by the tester and dated and signed by the testator's hand.
In the presence of three witnesses or another notary and one witness a public will is made before a notary.
An intermediate form between the holographic and the public is a secret will. The tester is not required to perform a secret handwriting will, but must sign it. In the presence of three witnesses or another notary and a witness, the secret will is delivered in a sealed envelope to the notary.
Property can be given throughout the owner's lifetime.
However, if Greek rules on heritage apply (which is unlikely for foreigners and only if their national law provides), reserve portions and enforced heredity restrictions may apply. The owner is entitled to freely give property to anyone before his/her death. In fact, donations from the testator to the detriment of the property and therefore to the reserved portion during his lifetime may be cancelled if the property on death does not cover this portion sufficiently.
Fair ownership is not governed by Greek law.
The Greek property law focuses heavily on notarial documents and stipulates contracts and other legal acts that have repercussions on immeasurable property rights situated in Greece, but this does not relate to contracts as such, nor does it relate to inheritance matters governed by the nationality of the defunct. Therefore, even if some or all of their property is situated in Greece, it is unlikely that the Greek law will apply to property rights resulting from marriage among foreigners. It can only do this if Greece is the last common residence of foreigners. In the case of marriages between a stranger and a Greek, Greek law may also apply, especially if a couple lives in Greece. In the case of Greek law, whether in a divorce or an inheritance, a spouse may claim a share of the property acquired in the course of the marriage, even if that property is not officially registered under the name of him/her. The spouse must demonstrate that he/she contributed materially or otherwise to the purchase of the property (art.1400, GCC).
A guardian must be appointed to safeguard children's interests.
In the event that property is dead to a child or to children of a non-legal age, a guardian may be designated by a Greek law in the testament (Articles 1521 et seq., GCC); if that provision does not exist, the Single Court of First Instance shall appoint the guardian.