The existence of a will gives rise to testamentary succession, whereby the disposition of the deceased’s estate is governed by the legal act executed by the testator during their lifetime—namely, the will.
Accordingly, testamentary succession is considered voluntary succession, as the testator, by drafting their will, exercises the discretion granted by law under the principle of “freedom of disposition.”
Limitations on Testamentary Freedom
Despite this statutory freedom, the testator is subject to certain restrictions:
- The will must not contravene statutory provisions or public policy (good morals); otherwise, it is void.
- The will must not infringe upon the compulsory share of heirs; any provision violating this right is void to the extent of the infringement.
- The will is also governed by Article 281 of the Greek Civil Code and must comply with specific formal requirements, which presume that the testator possesses the legal capacity to execute the will.
Types of Wills
Wills are classified into ordinary (common) and extraordinary types:
- Ordinary wills include:
- Holographic (handwritten) wills,
- Secret wills, and
- Notarial (public) wills.
- Extraordinary wills are permitted under exceptional circumstances, including:
- Wills executed on board a ship,
- Wills made during military campaigns, and
- Wills executed under siege or confinement.
All types of wills are considered legally equivalent, provided that they meet the formal and substantive requirements prescribed by law.