THE GRECIAN
CONNECTION
Chris Mangoutas
Greek Legal Advisor - Toronto Canada
Inheritance - Κληρονομιά
An important problem confronting second generation Greek Canadians is what to do with their parents' properties in Greece when they die. Many of them do nothing, because they don't know what to do. Others try to do something with the help of relatives either in Canada or in Greece but they soon abandon their case because there is too much bureaucracy involved. In other cases their relatives in Greek know exactly what to do and soon they have the property under their name!
A few of young Greek Canadians do the right thing: they consult a Greek legal advisor (Not a Greek CANADIAN lawyer who of course does not know the Greek law). The law is law. Theirs rights are protected as long as they know what to do or where to ask for help.
If your parents died with or without a Greek will or with a Canadian will your rights are there, but to have to do something to protect them, to register then under your name, to sell properties etc.
The Greek Law is very strict regarding the rights of children to the inheritance of their parents. 50% of their property belongs to their legal heirs i.e. spouse and children. No one can change that even the testator / testatrix.
If one of your parents had property in Greece, you have rights there whatever a Canadian will may say. But in order to exercise your rights, i.e. to transfer the property to your name is quite a long procedure which you cannot do without a lawyer (In fact the use of a lawyer is mandatory according to the Greek law, just to protect your interests).
Now the long list!
In order to claim your rights you need to have the following:
1. Legal Consultation about your case
2. Death certificate F.15 long form
3. Marriage Certificate of your parents or official divorce certificate
4. Family Status Certificate. If you are not a Greek citizen, my Office can prepare this document with 3 witnesses having Greek passports (the Family Status Certificate is needed by the Greek Authorities to ensure that no legal heir is left out of the inheritance).
5. AFM Number - Similar toy SIN, no action can be taken without an AFM (Valid passport is needed).
6. Power of Attorney to give my lawyer the power to transfer the property to your name according to the law.
7. If more than one heir is involved they all have to sign the power of Attorney.
Depending on the peculiarities of your case (e.g. if properties are already legally registered) this procedure may take between 3 months to 1 year from the time all documents are sent to my lawyer in your area.
Note: It's a myth that you have to be a Greek citizen in order to accept inheritance, buy or sell land in Greece! Nothing is needed except an AFM number issued through my office by the Taxation Department of Athens (Katoikon Exoterikou)
Σε βάθος - In Depth >> Legal Articles IN GREEK
General Remarks
These articles were published by the Greek
Newspapers in Toronto
"Evdomada" and "Greek Press". They are written in a simple,
non legal language for our readers in Toronto. We try to avoid legal terms and
make the text as clear as possible.
Many of these articles are published almost a decade ago - in the
meantime the law may have changed -- please take this into consideration.
The articles are written for the general reader and they offer some
general guidelines, they may not be valid in your case. Please contact us if you
need specific information. We assume no responsibility for actions taken because
of these articles if we haven't study and advise you on the peculiarities of your case.
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Για
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please contact ...
Chris Mangoutas <> Grecian
Connection
505 Danforth Avenue,
Toronto, Ontario, Canada M4K 1P5
Tel.: 416-406-4958
Fax: 416-463-1762
E-mail
Us:[email protected] Last
:
January 2008