I don’t know whether you have seen the furore that has erupted in Corfu over Strictly Come Dancing winner and news reader Natasha Kaplinsky's £1.5m villa in the north-east of Corfu? Evidently she and her husband bought a resort property off-plan in 2008 which is now being completed in a way that utterly blocks her neighbour’s sea view.
They have complained to the local council and the Greek ombudsman about this, insisting that the section blocking their view should have been restricted to one storey. According to reports they are considering court action to reduce the size of what they call ‘the
‘monstrosity’. The developer evidently has told other residents in the area the property is ‘totally legal’ and in accord with all planning procedures.
Short of a miracle, or an enormous act of kindness on Miss Kaplinsky's part, this looks set to become a real issue, one that may well include a long drawn out legal battle, costing an arm and a leg and perhaps achieving little or nothing for the unfortunate complainants.
It reminds me all too clearly of an unhappy case that was brought to my attention a number of years ago now. This time the offending property was in Crete but was much the same problem. An older couple had bought a delightful apartment on the island and were planning on spending time there with their children and grandchildren. Soon after buying it they returned to Crete to find that a block of flats had been erected, totally obscuring their sea view.
Let’s face it, when you buy a property such as this the view is probably 90 % of the attraction and to lose that makes a nonsense of your purchase. So…how do you avoid this?
There are cases when people have done their due diligence but have been given the wrong information or perhaps money has crossed palms or some such, but the point is you really do need to do your homework on this one.
Possibly I have mentioned this before, but someone phoned me before my last visit to Crete. He asked me if I could possibly find out whether his intended purchase seemed wise: as it happened I found myself outside the afore-mentioned property with an estate agent/developer. When I asked for his opinion, he replied that they were building a set of apartments between it and the sea, totally obscuring their sea view…’nuff said and disaster averted!
You need to retain a lawyer when buying property in Greece, one that is totally independent of the vendor. You can see why it is crucial here – it would not be in the best interests of the vendor if it was pointed out to you that you are about to lose the view that you are buying the property for!
Make sure that your lawyer (or you) looks at the planning regulations and finds out (and obtains in writing if possible) exactly what is permitted in terms of building on that empty plot between you and the sea. Even if there is an old, dilapidated building on it, you may want to make sure a developer can’t buy the property and replace the old building with a block of flats.
Speaking personally, if building started on a plot that would affect my view I would be inclined to tackle the builder immediately (via your lawyer preferably) to ensure that the building regulations were being adhered to. Far better to try and get your lawyer to intervene at this point than to leave it until it is a fait accompli would be my thinking…
I have had a very interesting email from Haydn which I will be addressing shortly. It deals with estate agent’s commission…
‘Til then, bye for now and have a happy week!
Carol
The Overseas Guides Company
http://www.Greecebuyingguide.com
Thursday, 24 March 2011
Thursday, 17 March 2011
Trying to clear the ‘heir’ in Greece
Today I sat down at my desk today wanting to write something about wills and inheritance tax in Greece – I know I have already chatted about this some while back but it really is important. But within a few short moments my head was reeling with all the various options, restrictions and regulations.
All this to say that if you have property in Greece I cannot stress two points strongly enough: firstly, if you are over 18 and of sound mind (!) you should draw up a Greek will that deals with your property in Greece. And secondly, you will need the assistance of a really good English speaking lawyer who knows and understands property inheritance law in Greece and who will advise you accordingly.
When I tell you that all property inheritance claims have to be made through the courts in Athens you will understand why I stress this. This includes cases where the person leaving the property in their will is neither Greek nor living in the country plus person inheriting the property lives out of the Greece, regardless of their nationality.
A while back, one of my readers approached me with a problem: her husband had died, leaving a property in Greece and no Greek will. She had pursued the matter FOR YEARS with no success…At the time I knew a really good lawyer and I put her in touch with him. She later told me that at last she had sorted the matter out but when I tell you that the matter took five long years you will understand why I am encouraging you to do this sooner rather than later.
Two points are of primary importance: firstly, how much inheritance tax you pay has nothing to do with whether or not you have Greek citizenship. For property located in Greece, the ownership and property rules apply the same to both Greeks and non-Greeks.
Secondly, who inherits what share is determined by the citizenship of the deceased. If the deceased had Greek citizenship (or dual citizenship – Greek and another), then there are certain laws which govern inheritance of property that have to be adhered to. If the deceased was not Greek, then it is the law of his/her citizenship that will determine who inherits what or how much.
If you own property in Greece you would be well advised to get a will drawn up in Greece that relates to your Greek property. You need to make sure that it does not render null and void anything that has been stated in your UK will – if you have one. Again, a really good lawyer would be the person to advise you here.
There are three choices you have in terms of drawing up a will in Greece. The first is the Holographic Will. This is the one that we all know, handwritten by you in your own language and signed. Bear in mind that any and all alterations should be signed – if they are not, they will be disregarded. Ideally it should entrusted to a notary public (simvoleografos) or a lawyer for safekeeping.
The second choice is the Public Will. This is written by a notary public according to your instructions and signed by you. It takes place before the notary public and three witnesses or two notaries and one witness. It will then be read out loud by the notary public, signed by you and then lodged by you or handed a notary public or a lawyer for safekeeping. If you do not speak Greek an interpreter must be present.
The third and final option is the Secret Will which you have written and signed before a notary public and three witnesses or two notaries and one witness. The secret will is not read out by the notary.
Wills may be cancelled or modified at any time and a new will automatically cancels a previous one.
Many Greek parents choose to transfer property rights to their children before their death in order to take advantage of tax-friendly legislation – this is yet another reason to get a lawyer involved and to see if this option would perhaps suit you. In Greece, the gifting of property to children (regardless of their age) by their parents renders it either tax-free or subject to reduced tax costs so this may be an option that is worth pursuing. I hasten to add that the parents retain the rights to the property until they die!
I saw a rather amusing heading to an article I read called ‘The EU is trying to clear the heir’ – so now you can see where I found my blog title this week!
What the European Commission is saying in its 11-page Green Paper that deals with the process regarding succession in cases where there is an international dimension is that the growing mobility of people in an area without internal frontiers (namely the EU) and the increasing frequency of unions between nationals of different member states are a major source of complication in succession to estates. The EU is proposing the creation of central EU-wide register of wills and they also seem to think it may be a good idea to allow the future deceased to choose the law applicable to their succession, with or without the agreement of their heirs – we shall wait and see on this one.
I’m sure your head is reeling with all this - I know mine was – but I think this highlights how very important it is to get a will drawn up in Greece if you own property there, and to have it all clearly explained and laid out from the beginning by an experienced lawyer.
This comes with best wishes and my hopes that all is going well for your property plans.
Carol.
The Overseas Guides Company
http://www.greecebuyingguide.com/
All this to say that if you have property in Greece I cannot stress two points strongly enough: firstly, if you are over 18 and of sound mind (!) you should draw up a Greek will that deals with your property in Greece. And secondly, you will need the assistance of a really good English speaking lawyer who knows and understands property inheritance law in Greece and who will advise you accordingly.
When I tell you that all property inheritance claims have to be made through the courts in Athens you will understand why I stress this. This includes cases where the person leaving the property in their will is neither Greek nor living in the country plus person inheriting the property lives out of the Greece, regardless of their nationality.
A while back, one of my readers approached me with a problem: her husband had died, leaving a property in Greece and no Greek will. She had pursued the matter FOR YEARS with no success…At the time I knew a really good lawyer and I put her in touch with him. She later told me that at last she had sorted the matter out but when I tell you that the matter took five long years you will understand why I am encouraging you to do this sooner rather than later.
Two points are of primary importance: firstly, how much inheritance tax you pay has nothing to do with whether or not you have Greek citizenship. For property located in Greece, the ownership and property rules apply the same to both Greeks and non-Greeks.
Secondly, who inherits what share is determined by the citizenship of the deceased. If the deceased had Greek citizenship (or dual citizenship – Greek and another), then there are certain laws which govern inheritance of property that have to be adhered to. If the deceased was not Greek, then it is the law of his/her citizenship that will determine who inherits what or how much.
If you own property in Greece you would be well advised to get a will drawn up in Greece that relates to your Greek property. You need to make sure that it does not render null and void anything that has been stated in your UK will – if you have one. Again, a really good lawyer would be the person to advise you here.
There are three choices you have in terms of drawing up a will in Greece. The first is the Holographic Will. This is the one that we all know, handwritten by you in your own language and signed. Bear in mind that any and all alterations should be signed – if they are not, they will be disregarded. Ideally it should entrusted to a notary public (simvoleografos) or a lawyer for safekeeping.
The second choice is the Public Will. This is written by a notary public according to your instructions and signed by you. It takes place before the notary public and three witnesses or two notaries and one witness. It will then be read out loud by the notary public, signed by you and then lodged by you or handed a notary public or a lawyer for safekeeping. If you do not speak Greek an interpreter must be present.
The third and final option is the Secret Will which you have written and signed before a notary public and three witnesses or two notaries and one witness. The secret will is not read out by the notary.
Wills may be cancelled or modified at any time and a new will automatically cancels a previous one.
Many Greek parents choose to transfer property rights to their children before their death in order to take advantage of tax-friendly legislation – this is yet another reason to get a lawyer involved and to see if this option would perhaps suit you. In Greece, the gifting of property to children (regardless of their age) by their parents renders it either tax-free or subject to reduced tax costs so this may be an option that is worth pursuing. I hasten to add that the parents retain the rights to the property until they die!
I saw a rather amusing heading to an article I read called ‘The EU is trying to clear the heir’ – so now you can see where I found my blog title this week!
What the European Commission is saying in its 11-page Green Paper that deals with the process regarding succession in cases where there is an international dimension is that the growing mobility of people in an area without internal frontiers (namely the EU) and the increasing frequency of unions between nationals of different member states are a major source of complication in succession to estates. The EU is proposing the creation of central EU-wide register of wills and they also seem to think it may be a good idea to allow the future deceased to choose the law applicable to their succession, with or without the agreement of their heirs – we shall wait and see on this one.
I’m sure your head is reeling with all this - I know mine was – but I think this highlights how very important it is to get a will drawn up in Greece if you own property there, and to have it all clearly explained and laid out from the beginning by an experienced lawyer.
This comes with best wishes and my hopes that all is going well for your property plans.
Carol.
The Overseas Guides Company
http://www.greecebuyingguide.com/
Thursday, 10 March 2011
Your favourite place in Greece
No doubt the reason that you are reading this blog means that you love Greece but what I have found in chatting to fellow Grecophyles is that each one of us has their favourite place. In a country that has some of the worlds most ancient and wonderful archaeological sites, spectacular beaches, great walks and more islands than one could see in a lifetime, I find that most of us keep going back to the same places time after time. Why is this, I wonder?
I can only speak for myself. For me it probably comes down to two things: firstly, I chose what interests me and, if I have got it right (and generally l I have), I find that my chosen spot has all that I want and more. And secondly, it’s the people I meet on the spot and become friendly with. I can honestly say that I have never spoken to someone who, after spending time in Greece, doesn’t feel that they have made a new friend.
My visit to the island of Sifnos, a few years ago now, summarises all that is kind and generous-spirited about the Greek people in a place that heaven surely can’t beat!
I travelled alone to the island some years ago, over Easter. I stayed in the village of Apollonia - it stands along the slopes of a hill surrounded by white Cycladic homes and churches – there are 365 on the island if my guide book is to be believed!
It was spring and the hillside was a mass of poppies and other lovely wild flowers. I walked over the hills, along lovely pebbled pathways from one end of the island to the other. I was sometimes quite alone, only passing the occasional man making deliveries to a nearby restaurant on his donkey, who would greet me enthusiastically and offer me delicious nibbles to chew on. The delightful thing was that the bus service was great so I’d walk to my destination and then bus back – after, of course, a truly wonderful meal, usually taken at a restaurant practically IN the sea!
I ate breakfast and dinner in the same restaurant in Appolionia. On my first visit there, the family dog came and sat companionable next to me – he was clearly worried that I may have felt a little lonely. Next time, the child of the family joined me, colouring book and crayons in hand. Fast forward a few days to me, the dog, the child and the grandparents all sitting happily grinning at each other – language difficulties stopped us from actually conversing, but hey – who needs words? We smiled a lot. They would peer at my guide book and point out pictures of what I simply HAD to see…anything majorly important was translated by their son behind the counter.
Come Easter and I was taken by the hand and led to the church to celebrate with the family. Then back to the restaurant, where I was presented with dyed red eggs and a wonderful plate of the special Easter lamb dish. When it came time for me to leave, Granddad – playing with his komboloi, muttered a few words to his son behind the counter. Turns out that the car was to be taken off blocks and I was to be driven to the port of Kamares to catch my ferry. So off we set, dog barking, child and entire restaurant waving. Once there I was plied with Greek cookies and sweets, both cheeks were firmly kissed and I was waved off on my ferry!
Suffice it to say that when I wanted to introduce my children to the delights of Greece, I took them to Sifnos…
As you read this are you remembering similar acts of friendship and kindness? That is what makes Greece so wonderful to visit – and to live in. Do let me know if you have a similar story to tell – I am going to be collecting accounts of what it is like to visit and to live there from a number of people that I will be meeting in May and will report back you with their tales!
Carol
The Overseas Guides Company
http://www.greecebuyingguide.com/
I can only speak for myself. For me it probably comes down to two things: firstly, I chose what interests me and, if I have got it right (and generally l I have), I find that my chosen spot has all that I want and more. And secondly, it’s the people I meet on the spot and become friendly with. I can honestly say that I have never spoken to someone who, after spending time in Greece, doesn’t feel that they have made a new friend.
My visit to the island of Sifnos, a few years ago now, summarises all that is kind and generous-spirited about the Greek people in a place that heaven surely can’t beat!
I travelled alone to the island some years ago, over Easter. I stayed in the village of Apollonia - it stands along the slopes of a hill surrounded by white Cycladic homes and churches – there are 365 on the island if my guide book is to be believed!
It was spring and the hillside was a mass of poppies and other lovely wild flowers. I walked over the hills, along lovely pebbled pathways from one end of the island to the other. I was sometimes quite alone, only passing the occasional man making deliveries to a nearby restaurant on his donkey, who would greet me enthusiastically and offer me delicious nibbles to chew on. The delightful thing was that the bus service was great so I’d walk to my destination and then bus back – after, of course, a truly wonderful meal, usually taken at a restaurant practically IN the sea!
I ate breakfast and dinner in the same restaurant in Appolionia. On my first visit there, the family dog came and sat companionable next to me – he was clearly worried that I may have felt a little lonely. Next time, the child of the family joined me, colouring book and crayons in hand. Fast forward a few days to me, the dog, the child and the grandparents all sitting happily grinning at each other – language difficulties stopped us from actually conversing, but hey – who needs words? We smiled a lot. They would peer at my guide book and point out pictures of what I simply HAD to see…anything majorly important was translated by their son behind the counter.
Come Easter and I was taken by the hand and led to the church to celebrate with the family. Then back to the restaurant, where I was presented with dyed red eggs and a wonderful plate of the special Easter lamb dish. When it came time for me to leave, Granddad – playing with his komboloi, muttered a few words to his son behind the counter. Turns out that the car was to be taken off blocks and I was to be driven to the port of Kamares to catch my ferry. So off we set, dog barking, child and entire restaurant waving. Once there I was plied with Greek cookies and sweets, both cheeks were firmly kissed and I was waved off on my ferry!
Suffice it to say that when I wanted to introduce my children to the delights of Greece, I took them to Sifnos…
As you read this are you remembering similar acts of friendship and kindness? That is what makes Greece so wonderful to visit – and to live in. Do let me know if you have a similar story to tell – I am going to be collecting accounts of what it is like to visit and to live there from a number of people that I will be meeting in May and will report back you with their tales!
Carol
The Overseas Guides Company
http://www.greecebuyingguide.com/
Thursday, 3 March 2011
A few of the Rules of the Road!
I promised that I would address the more serious side of driving in Greece – the rules and regs that you need to know beforehand - so here goes.
* Drivers must be 18
* Seat Belts must be used by front-seat passengers, although with Greece's high accident rate I would suggest that everybody in the car wears one
* Children under 10 are not allowed in the front seat at all
* Speed Limits: These are just a guide - always obey the posted limits, which may vary:
- Urban areas: 30 kmph-50 kmph
- Outside cities: 68 kmph-110 kmph
- Freeways/Expressways: 75 kmph-120 kmph
* EU citizens can use their own driver’s licences. Other nationals should have an International Drivers License, although in practice, a recognisable photo license is generally accepted
* Roadside Assistance: ELPA (the Automobile and Touring Club of Greece) offers coverage to members of AAA, CAA and other similar assistance services. Check with your home automobile assistance provider for information on using the ELPA shared services in Greece before your trip. ELPA numbers once in Greece are 104 and 154. For 24-hour information to foreign motorists regarding driving in Greece dial 174
* Driving your own car you will need a valid registration, proof of internationally valid insurance (check with your insurance company!) and your driver's licence
* Emergency Numbers: For visitors to Greece, dial 112 for multi-language help. Dial 100 for Police, 166 for Fires, and 199 for ambulance service. Operators will stay on the line in case the tourist requires translation assistance
* Mobile phone usage: It is now illegal to use a hand held mobile phone while driving. Violators can be stopped and issued with a fine
A few tips:
- Narrow winding roads in Greece can often mean that journey times are rather longer than might be expected from distances calculated from a map, so make allowances for this.
- Petrol stations in Greece are fairly plentiful except for some remote areas. They offer a variety of services to travellers but do bear in mind that the toilets are sometimes not great! They sell unleaded fuel and close around 7:00 PM on weekdays. Only very few are open after 10.00 pm. On Sundays and holidays you may have to drive a bit before you find an open garage. However, at least one petrol station must remain open in each area at night and on Sundays – ask a local if how have trouble finding one
- Although the speed limit is 120 Km/hour for the most part on the highways, many Greek drivers drive far faster than that. Indeed, if you abide by the speed limit you could find yourself the only car on the road doing so!
- When you access a highway do not expect other drivers to make way for merging traffic. Having said that, you might want to bear in mind the wise words of blog reader Dee, who has driven in Greece and comments that drivers entering a roundabout have priority and right of way, unlike in the UK.
- Alcohol tests are frequent and the limit is 0,50 mg. You will have to pay fines at the tax office in the area where the fine was issued so you will need to either pay immediately or make arrangements to pay by phone etc. Officials will pursue you to the UK to chase up unpaid fines – be warned!
- Greece, like every other country, suffers from theft. Car radios are sometimes stolen along with contents carelessly left in cars; make sure that you conceal things (or better still remove them altogether) and lock your car behind you.
All the best and take care.
Carol.
The Overseas Guides Company
http://www.greecebuyingguide.com/
* Drivers must be 18
* Seat Belts must be used by front-seat passengers, although with Greece's high accident rate I would suggest that everybody in the car wears one
* Children under 10 are not allowed in the front seat at all
* Speed Limits: These are just a guide - always obey the posted limits, which may vary:
- Urban areas: 30 kmph-50 kmph
- Outside cities: 68 kmph-110 kmph
- Freeways/Expressways: 75 kmph-120 kmph
* EU citizens can use their own driver’s licences. Other nationals should have an International Drivers License, although in practice, a recognisable photo license is generally accepted
* Roadside Assistance: ELPA (the Automobile and Touring Club of Greece) offers coverage to members of AAA, CAA and other similar assistance services. Check with your home automobile assistance provider for information on using the ELPA shared services in Greece before your trip. ELPA numbers once in Greece are 104 and 154. For 24-hour information to foreign motorists regarding driving in Greece dial 174
* Driving your own car you will need a valid registration, proof of internationally valid insurance (check with your insurance company!) and your driver's licence
* Emergency Numbers: For visitors to Greece, dial 112 for multi-language help. Dial 100 for Police, 166 for Fires, and 199 for ambulance service. Operators will stay on the line in case the tourist requires translation assistance
* Mobile phone usage: It is now illegal to use a hand held mobile phone while driving. Violators can be stopped and issued with a fine
A few tips:
- Narrow winding roads in Greece can often mean that journey times are rather longer than might be expected from distances calculated from a map, so make allowances for this.
- Petrol stations in Greece are fairly plentiful except for some remote areas. They offer a variety of services to travellers but do bear in mind that the toilets are sometimes not great! They sell unleaded fuel and close around 7:00 PM on weekdays. Only very few are open after 10.00 pm. On Sundays and holidays you may have to drive a bit before you find an open garage. However, at least one petrol station must remain open in each area at night and on Sundays – ask a local if how have trouble finding one
- Although the speed limit is 120 Km/hour for the most part on the highways, many Greek drivers drive far faster than that. Indeed, if you abide by the speed limit you could find yourself the only car on the road doing so!
- When you access a highway do not expect other drivers to make way for merging traffic. Having said that, you might want to bear in mind the wise words of blog reader Dee, who has driven in Greece and comments that drivers entering a roundabout have priority and right of way, unlike in the UK.
- Alcohol tests are frequent and the limit is 0,50 mg. You will have to pay fines at the tax office in the area where the fine was issued so you will need to either pay immediately or make arrangements to pay by phone etc. Officials will pursue you to the UK to chase up unpaid fines – be warned!
- Greece, like every other country, suffers from theft. Car radios are sometimes stolen along with contents carelessly left in cars; make sure that you conceal things (or better still remove them altogether) and lock your car behind you.
All the best and take care.
Carol.
The Overseas Guides Company
http://www.greecebuyingguide.com/
Subscribe to:
Posts (Atom)
