EU Regulation 650/2012 and Greek Inheritance: How U.S. Citizens Bypass Forced Heirship

Greek inheritance law restricts how you can distribute your estate. A doctrine called forced heirship (Nomimi Moira) guarantees that a surviving spouse, children, and in some cases parents receive a minimum statutory share — typically half of what they'd receive under intestate succession — regardless of what your will says. If you're a U.S. citizen who owns property in Greece and wants to leave it to someone other than the default heirs, Greek law would normally override your wishes.

EU Regulation 650/2012, commonly called the Brussels IV Regulation, provides the escape clause.

How the Choice-of-Law Clause Works

Under Article 22 of the regulation, any person can explicitly state in their will that the law of their nationality should govern the succession of their entire estate. For a U.S. citizen, this means choosing the law of their U.S. state of domicile — where testamentary freedom is the norm and forced heirship generally doesn't exist.

If you include this choice-of-law clause, Greek courts will respect it. You can distribute your Greek property according to your wishes without forced heirship restrictions.

If you don't include the clause, Greek law applies by default to all real estate located in Greece under the principle of lex rei sitae (law of the location of the property). The forced heirship rules kick in, and your will's instructions for that property become partially unenforceable.

What the Clause Must Say

The choice of law must be explicit and unambiguous. A general statement like "I wish to be governed by American law" is not sufficient. The clause should specify:

• That the testator exercises their right under EU Regulation 650/2012, Article 22
• That the law of [specific U.S. state] governs the succession of their worldwide assets, including property located in Greece
• The testator's nationality (United States of America)

The clause should be drafted by a lawyer familiar with both Greek succession law and the regulation. A poorly worded clause — or one that conflicts with other provisions in the will — can be challenged by excluded heirs in Greek court.

The September 2026 Succession Reforms

For deaths occurring on or after September 16, 2026, a major reform of the Greek Civil Code changes how forced heirship works even if the Brussels IV clause isn't used:

Monetary conversion. The forced heirship claim is converted from an automatic co-ownership stake in the physical property into a monetary-only claim. Heirs excluded from a will can no longer block the sale or management of the property — they can only demand the cash value of their statutory share.

Spousal share increase. If the deceased dies intestate with a surviving spouse and a single child, the spouse's share increases from 25% to one-third (33.3%). With two or more children, the spouse's share stays at the traditional 25%.

These reforms reduce the practical impact of forced heirship even without a Brussels IV clause, but they don't eliminate it. The choice-of-law clause remains the most reliable way for U.S. citizens to maintain full testamentary freedom over their Greek assets.

When Brussels IV Doesn't Help

The regulation applies to EU member states and is recognized by Greek courts. But it doesn't override every aspect of Greek inheritance administration:

• Greek inheritance tax still applies to all assets physically located in Greece, regardless of which country's succession law governs
• The 12-month filing deadline for the inheritance tax return still applies to non-resident heirs
• The formal acceptance of inheritance (Apodohi Klironomias) and land registry registration are still required for property transfer

The Brussels IV clause determines who inherits. It doesn't change how Greek tax and registration systems process the inheritance.

Practical Steps

If you're a U.S. citizen who owns or is likely to inherit property in Greece, the time to address this is before a death occurs — not after. Have a Greek succession attorney draft or review your will with the choice-of-law clause included. If you're currently managing a Greek estate after a family member's death and no clause exists, consult with a Greek attorney about whether the 2026 reforms change your position.

The American Dies in Greece — Family Emergency Guide covers the full inheritance framework — forced heirship, tax deadlines, the acceptance process, and how the Brussels IV regulation fits into the estate settlement timeline.