Bulgarian law recognises two basic forms of inheritance – by operation of law (intestate) and by will. Inheritance by operation of law is clearly defined in the Inheritance Act, which expressly states who the heirs are, whereas in inheritance by will the possible heirs may include not only relatives but also third parties outside the circle determined by law.

Types of wills

Wills may be of two basic types:

  • Notarial will: drawn up and certified before a notary.
  • Holographic will: written and signed in the testator's own hand.

Wills take effect only after the testator's death and cover only the property he owns at the moment of his death.

Who can make a will?

Any adult who is capable of making reasonable decisions and has not been placed under full judicial interdiction has the right to make a will. The law does not permit joint wills – neither between two persons nor in favour of third parties.

Who can inherit by will?

The following may inherit by will:

  • Natural persons: both heirs at law and other persons.
  • Legal entities: they may inherit only by will, provided that they existed at the moment of the testator's death.
  • The State: it too may inherit by will.
  • Children conceived before the testator's death and born capable of living.

Foundations are a special case, since they may be established even by the will itself.

What can be bequeathed?

The testator is free to dispose of his property by will and may make either a universal or a specific testamentary disposition:

  • Universal will: covers the entire estate or a fractional part of it. The person in whose favour the universal will is made acquires the status of an heir.
  • Specific will: relates to particular properties or items, and the person in whose favour it is made becomes a legatee.

A will may contain conditions or charges, which must be capable of being fulfilled.

Reserved shares of the estate

Bulgarian law protects the closest heirs through reserved shares of the estate. This means that the testator may dispose only of the part of the property that is outside these reserved shares:

  • Reserved share for descendants (children and grandchildren):
    • With one child – 1/2 of the estate.
    • With two or more children – 2/3 of the estate.
  • Reserved share for parents: 1/3 of the estate.
  • Reserved share for the spouse:
    • 1/2 of the estate, if inheriting alone.
    • 1/3, if inheriting together with parents.
    • If inheriting together with children, the spouse has an equal share with each child.

If any reserved share is impaired by testamentary dispositions or donations, the affected heir may seek their reduction.

Notarial will

This type of will is drawn up in the presence of a notary and two witnesses. The testator orally declares his wishes to the notary, who records them, reads them out and finally certifies the will together with the witnesses. The notarial will is entered in the Registry Agency.

Holographic will

The holographic will must be written entirely in the testator's own handwriting, contain the date on which it was drawn up, and be signed after the testamentary dispositions. The signature must be placed after the date, and the will may be written in Bulgarian or in a foreign language.

The will may be kept by the testator, a third party or a notary. If no one knows of its existence, there is a risk that it will not be found.

Announcement of the holographic will

The person keeping the holographic will is obliged to announce it to a notary immediately after the testator's death. The notary draws up a record of the condition of the will and enters the will in the relevant registers.

Revocation of the will

A will may be revoked or amended at any time before the testator's death. Revocation may be express – by a new will or a notarial deed. The new will revokes the previous provisions that are incompatible with it.

If the holographic will has been handed over to a notary for safekeeping, it may be withdrawn only by the testator in person.

Should you need consultation and assistance with drawing up or announcing a will, contact us on tel.: 0887550706 or by e-mail: [email protected]