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Important !
New Greek Tax Regulations
March 2008 |
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Important !
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ATS LAW OFFICE - ATHENS - GREECE |
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Articles :
Greek Property Law: Purchasing Property in Greece
Greek Law: Recognition of a foreign court's decision
Greek Law: Recognition of a foreign court's decision
Inheritance Law:Inheritance
acceptance in Greece
By Mrs. Athina Tsakiraki, lawyer
On a previous article I wrote about the Wills and the various types of it, according to the Greek law.
With this article I will try to explain the procedure we must follow, in order to accept an inheritance in Greece and be declared as legal heirs to an inheritance.
The most common questions I happen to be asked from my foreign clients and my Greek clients residing abroad are the following:
What am I to do? From where do I start? My relative Greek or not, died abroad and had assets in Greece. Can you help me?
Yes, I can definitely provide you with the legal assistance you require in order to accept your inheritance in Greece.
You need to inform and provide me with your relative’s last Will and Testament, (if there is any), along with all the documentation you might have in your hands, regarding the deceased person and his assets.
According to the Greek inheritance laws, I will then have to follow a certain procedure to accept the inheritance and declare your selves, as legal heirs to the Greek fortune. Part of the procedure is to attend the court to publish The Testament of the deceased person. Some times, depending on the assets and the heir’s disputes, we have to attend the Court to receive a certificate declaring your inheritance rights to the property.We need to issue and receive from the Greek authorities various documents and certificates.
I can definitely represent your legal interests, by having a specific Power of attorney (POA), from yourselves. I will prepare a draft power of attorney and you need to attend the Greek Embassy/Consulate, to sign the final power of attorney.
Inheritance acceptance in Greece can be complicated but easily solved, when you hire a lawyer like myself, who has an extensive legal experience in these matters.
Greek Property Law:
Purchasing Property in Greece
By Mrs. Athina Tsakiraki, lawyer
When people decide to purchase property in Greece,is essential to run thorough checks on this property and certainly prior of giving any down payment to the seller.
The future buyer must run the following checks on the property:
A. Investment’s control:
1. On this stage is essential to decide on the type of property you wish to purchase,i.e. a plot, a house in the city or in the suburbs, a shop…
2. Once you have made the decision, you have to find out the financial source/sources which will allow you to purchase the specific property, especially if you do not have funds of your own, i.e. take a loan, discuss the loan terms with the bank.
3. Choose the area you wish your property to be i.e. If you have children, close to a school, bus station, if you have grandparents living with you, close to a medical center, etc.
4. Before you make up your mind, try to see as many properties as you can, so that you would have the option to choose the one which really applies to your needs.
5. Evaluate the properties found so that you will choose the best one for you, with fewer disadvantages.
B. Deeds Check of the property
A lawyer is the only person appointed by the law to:
1. check the deeds
2. form and prepare the various legal and financial terms of the contract
3. find out if there are mortgages on the property you want to buy, or other law suits against it.
The mortgages and the law suits may be against the seller,or, previous owners of the specific property. When a property has legal problems, these problems can never disappear, unless we take certain legal actions.Failing to take these actions, mortgages and law suits will follow the property for ever. The new buyer would be obliged to“erase”those suits and mortgages with his/her own expenses.
C. Building’s control
The purchasing property must also be checked from an engineer.
If you purchase a house, then the engineer will check:
1. check the quality of the building’s cement
2. check the building’s plans
3. check if you were allowed to built this specific house/building from the town planning office
4. check if the amount of square meters of the house are the exact ones which were announced from the town planning office
If you purchase a plot, then the engineer will check:
1. if the plot’s owner owes moneyto the town planning office
2. if the plot’s owner owes money to the social security office
3. if the plot is free from any archeological attachments. The seller must provide the buyer with the specific certificate
4. if the plot is free from any forestry attachments. The seller must provide the buyer with the specific certificate
D. Financial check
1. We have to search if the constructor or the private person who built the building /flat /house/ owes money to the social security regarding the employees hired, to built the property.
Always consult the right persons when you decide to purchase property.It will save you a lot of troubles, money, and most important, agony.
Greek Law: Recognition
of a foreign court's decision
Mixed marriages and divorces , are very common nowadays.
Greece on the year 2001 , has signed a specific Treaty with all European Countries , apart from Denmark.
With this Treaty , a European divorce Court’s decision is automatically valid and legal in both Countries of the divorcees, (Greece and the other European Countries).
What is happening with the rest of the Countries which have not signed the Treaty?
What is happening with all European Countries from which Greek people got divorced prior of the year 2001?
According to the Greek law , the Greek persons who got divorced in a Country which has not signed the Treaty, or got divorced prior of the year 2001,are still considered married in Greece!!!
The Greek divorced persons must declare their “foreign” divorce court’s decision, legal in Greece. To accomplish this purpose, a lawyer has to make an application to the Greek court, receive a hearing date and present the case in front of the Judge.
It is also necessary to present the court with certain documentation from the Greek and the foreign Courts.
These documents must be officially translated in to Greek either at the Ministry in Athens , or the Greek Embassy abroad and have the Apostille stamp on the back.
Usually the whole procedure in Greece may take seven (7) to nine(9) months to be terminated. For certain occasions and only under certain circumstances , we may proceed faster and have everything finalized earlier.
Last but not least , we have to present certain documents to the Archbishop in Athens , to receive the spiritual dissolution of the marriage. Only then the Greek persons will be declared legally divorced in Greece. This procedure is followed solely for the Church weddings. A similar procedure is followed to the Register’s office in Greece , if the marriage which took place abroad, was Civil.
Greek Family Law: Child’s Paternity
Greek Civil law-Parent’s Donation
By Mrs. Athina Tsakiraki,
Appeal - Court lawyer
Mixed marriages and divorces , are very common nowadays.
Greece on the year 2001 , has signed a specific Treaty with all European Countries , apart from Denmark.
With this Treaty , a European divorce Court’s decision is automatically valid and legal in both Countries of the divorcees, (Greece and the other European Countries).
What is happening with the rest of the Countries which have not signed the Treaty?
What is happening with all European Countries from which Greek people got divorced prior of the year 2001?
According to the Greek law , the Greek persons who got divorced in a Country which has not signed the Treaty, or got divorced prior of the year 2001,are still considered married in Greece!!!
The Greek divorced persons must declare their “foreign” divorce court’s decision, legal in Greece. To accomplish this purpose, a lawyer has to make an application to the Greek court, receive a hearing date and present the case in front of the Judge.
It is also necessary to present the court with certain documentation from the Greek and the foreign Courts.
These documents must be officially translated in to Greek either at the Ministry in Athens , or the Greek Embassy abroad and have the Apostille stamp on the back.
Usually the whole procedure in Greece may take seven (7) to nine(9) months to be terminated. For certain occasions and only under certain circumstances , we may proceed faster and have everything finalized earlier.
Last but not least , we have to present certain documents to the Archbishop in Athens , to receive the spiritual dissolution of the marriage. Only then the Greek persons will be declared legally divorced in Greece. This procedure is followed solely for the Church weddings. A similar procedure is followed to the Register’s office in Greece , if the marriage which took place abroad, was Civil.
Greek Family Law: Child’s Paternity
By Mrs. Athina Tsakiraki, lawyer
Everyone knows that a child
has definitely a mother. Unfortunately, we can not declare the same,
for the child’s father.
In these cases, and especially:
1. If the mother is unmarried,
2. If the mother is recently separated,
3. If the mother is recently divorced and gives birth to a child, then the law declares the following: the child who is born whilst his/her mother was married, or, within the first 300 days from the mother’s divorce, the divorced husband, is the child’s father.
If the child is born after the 300 days from his/her mother’s divorce, then, the person who wants to be declared as the child’s father, has to take actions to recognize himself, as the child’s father.
What is happening if the mother got divorced and before the expire of the 300 days after her divorce, she gets married again? Who is the child’s father then? The law declares that the second husband is the father,unless the first husband takes legal actions to recognize the child’spaternity.
In any case, the child’s paternity can be contested in court, if the husband was impotent, or, if he was away (i.e. abroad on business), the time the child was conceived.
The critical conceiving time, is the time between the 300 days and the 180 days, prior of the date the child was born.
A child’s paternity can be contested:
1. By the husband
2. The husband’s parents-grandparents, (if the husband has passed away)
3. The child
4. The child’s mother
The contestant may be present in court, or, be represented by a lawyer.
There are times that the child’s paternity can not be contested and especially:
1. From the husband. Time limit, one (1) year after the child’s birth. Final time limit, five (5) years after the child was born. The five years final limit is given by the law, since, the husband is almost always, the last one to finds out about the actual facts of his child’s birth.
2. From the husband’s parents, (the child’s grandparents), if the husband passed away, one (1) year after the child was born.
3. From the child, one year (1) year after he/she reached the age of 18 years.
4. From the child’s mother, one (1) year after the child’s birth. If the mother was married, six (6) months after her divorce.
5. We can not contest the child’s paternity if the child has passed away.
There are also regulations under which the husband, is not allowed by law to contest his child’s paternity and especially, if:
1. If the husband has recognized the child as his own and if
2. The husband gave his consent to his wife, for an artificial fecundation.
In these cases, and especially:
1. If the mother is unmarried,
2. If the mother is recently separated,
3. If the mother is recently divorced and gives birth to a child, then the law declares the following: the child who is born whilst his/her mother was married, or, within the first 300 days from the mother’s divorce, the divorced husband, is the child’s father.
If the child is born after the 300 days from his/her mother’s divorce, then, the person who wants to be declared as the child’s father, has to take actions to recognize himself, as the child’s father.
What is happening if the mother got divorced and before the expire of the 300 days after her divorce, she gets married again? Who is the child’s father then? The law declares that the second husband is the father,unless the first husband takes legal actions to recognize the child’spaternity.
In any case, the child’s paternity can be contested in court, if the husband was impotent, or, if he was away (i.e. abroad on business), the time the child was conceived.
The critical conceiving time, is the time between the 300 days and the 180 days, prior of the date the child was born.
A child’s paternity can be contested:
1. By the husband
2. The husband’s parents-grandparents, (if the husband has passed away)
3. The child
4. The child’s mother
The contestant may be present in court, or, be represented by a lawyer.
There are times that the child’s paternity can not be contested and especially:
1. From the husband. Time limit, one (1) year after the child’s birth. Final time limit, five (5) years after the child was born. The five years final limit is given by the law, since, the husband is almost always, the last one to finds out about the actual facts of his child’s birth.
2. From the husband’s parents, (the child’s grandparents), if the husband passed away, one (1) year after the child was born.
3. From the child, one year (1) year after he/she reached the age of 18 years.
4. From the child’s mother, one (1) year after the child’s birth. If the mother was married, six (6) months after her divorce.
5. We can not contest the child’s paternity if the child has passed away.
There are also regulations under which the husband, is not allowed by law to contest his child’s paternity and especially, if:
1. If the husband has recognized the child as his own and if
2. The husband gave his consent to his wife, for an artificial fecundation.
Greek Civil law-Parent’s Donation
The Parent’s donation
(parent’s gift), is a totally different legal subject to the ordinary
donation which is happening between friends, partners, uncles, any other people
but no, parents.
This legal practice was invented twenty years (20) ago, to enable the parents to donate their fortune to their children while they are still alive, to avoid paying enormous future inheritance taxes.
The parent’s donation tax is always much less than the inheritance tax.
To donate to their children their assets, parents must attend the notary’s office and state their wishes. They can make their child total owner of their fortune, or, they can keep part of the ownership for until the time they die.
Donating taxes can be paid in one installment and you will get 5% discount, or, you can pay it in several installments. Each installment can not be less than 300 euros.
This specific procedure can be undertaken completely by your lawyer, by giving him/her a Power of Attorney.
The Gift tax between parents & their children:
When parents donate their property to their children, then according to the today’s tax scales, the Gift tax is the below:
a) For a property which is worth 20.000 euros, the donation is tax free.
b) For a property which is worth 50.000 euros, the donation tax is 750 euros.
c) For a property which is worth 100.000 euros, the donation tax is 3.500 euros.
By donating now your assets to your children, you can make their life easier and still be in charge of your fortune.
This legal practice was invented twenty years (20) ago, to enable the parents to donate their fortune to their children while they are still alive, to avoid paying enormous future inheritance taxes.
The parent’s donation tax is always much less than the inheritance tax.
To donate to their children their assets, parents must attend the notary’s office and state their wishes. They can make their child total owner of their fortune, or, they can keep part of the ownership for until the time they die.
Donating taxes can be paid in one installment and you will get 5% discount, or, you can pay it in several installments. Each installment can not be less than 300 euros.
This specific procedure can be undertaken completely by your lawyer, by giving him/her a Power of Attorney.
The Gift tax between parents & their children:
When parents donate their property to their children, then according to the today’s tax scales, the Gift tax is the below:
a) For a property which is worth 20.000 euros, the donation is tax free.
b) For a property which is worth 50.000 euros, the donation tax is 750 euros.
c) For a property which is worth 100.000 euros, the donation tax is 3.500 euros.
By donating now your assets to your children, you can make their life easier and still be in charge of your fortune.