Confusion is often observed regarding the renunciation of an over-indebted inheritance by a minor, with the result that minors may end up burdened with substantial debts. This occurs either because the parents did not proceed in time with a renunciation on their behalf or because of the mistaken belief that the child may renounce within one year after reaching adulthood.
When the heir is a minor, the renunciation is carried out by the parents, following the prior granting of special judicial authorization.
Renunciation, both for adults and minors, must be made within the strict time limit set by Article 1847 of the Greek Civil Code; otherwise, it is null and void. As a general rule, the time limit is four months. By way of exception, it extends to one year where: (a) the deceased had his or her last residence abroad, or (b) the heir learned of the succession while residing abroad.
According to paragraph 1 of Article 1847 of the Greek Civil Code, the time limit begins from the moment the heir becomes aware of the succession and the grounds thereof. In cases of testamentary succession, the time limit runs from the publication of the will. Where the succession concerns a person lacking legal capacity, knowledge is assessed in the person of the legal representative. Specifically, in the case of a minor under parental care, the decisive factor is when the parents became aware that their child had become an heir, since from that point the four-month time limit begins to run.
