By Anastasia Miliou, Attorney at the Supreme Courts
When a person dies, their estate — consisting of both assets and liabilities — passes to their heirs. These heirs have the right either to accept or to disclaim the inheritance.
By law, an heir may disclaim within four months of learning that the estate has devolved to them and of the reason for this. A disclaimer made after this period is invalid, and once the deadline has passed, the inheritance is deemed to have been tacitly accepted. In other words, the right of disclaimer lapses after four months, and the heir who has not acted is automatically regarded as having accepted the estate.
However, the courts may recognise that such an acceptance occurred by mistake. In fact, even neglecting to act within the deadline may be treated as a form of mistake. In such cases, the heir can bring a claim before the courts to annul the presumed acceptance. For example, if the heir later discovers the true extent of the estate’s debts, they may argue that, had they known the facts, they would have acted to disclaim within time. Mistaken understanding or ignorance of the law governing inheritance can also provide grounds for annulment.
Mistake can also exist where the heir is unaware of the Civil Code’s rule that inheritance passes immediately upon death, or of the statutory time-limit for disclaiming, or of the consequences of letting that time-limit expire.
A claim to annul acceptance is brought against the person who stands to benefit directly from the heir’s disqualification, as well as against creditors of the estate. Once a court has issued a final decision annulling the acceptance, the heir must then file a valid disclaimer promptly and within the legally prescribed form.
On this basis, a disclaimer made outside the four-month period may still be recognised as valid, provided it is lodged within a reasonable time of the heir becoming aware that they had inherited. For example, this could happen when the heir first receives notice of the deceased’s debts from the tax authorities or a bank, having previously been unaware of the death, of the liabilities, or of the disclaimers of prior heirs.
Nevertheless, such an action must be filed within six months of the heir becoming aware of their inheritance in order for the late disclaimer to be upheld as valid.
*Anastasia C. Miliou is an Attorney at Law at the Supreme Courts with experience in international law and a large clientele in both Greece and abroad. Her telephone number is 6945028153. If you would like questions answered as part of her articles in English online, you can e-mail her at natmil@otenet.gr or visit www.legalaction.gr
