Inheritance by will or by law according to the Bulgarian legislation
The inheritance is arranged in the Bulgarian Inheritance law. According to the law, if there is no will, then the inheritance by law shall apply.
In case of disputes with an international element, the following EU Regulation shall apply, namely - Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, and Regulation (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU) No 650/2012
The inheritance by will
According to Bulgarian law the will shall be made by a person with legal capacity.
The will can be two types - handwritten will and notarized will. The will under the Bulgarian law is an exclusively formal act and the absence of even one formal element makes it void.
There are many cases when the decesaed makes a general will abroad under the provisions of the respective foreign law, but including disposition with properties all over the world, including properties in Bulgaria. We could not recommend such practice because, after the will is opened and presented in Bulgaria, it must be registered in the Bulgarian Land Register where the new owner of the property should be specified. However, as the will has been made in another country, there could be missing elements in the form required under the Bulgarian law, which could lead as consequence the will not to be registered and the inheritance by law shall apply.
Having in mind the above mentioned, we recommend the Bulgarian properties to be arranged separately, keeping the Bulgarian requirements, which are very formal.
The inheritance by law
The children of the deceased inherit in equal shares including adopted children.
When the deceased left only brothers and sisters, they do inherit equally.
The husband or wife inherits a share equal to each child's share.
As the inheritance by law has many details and specifics we strongly require to receive a detailed consultation by a lawyer specifying your individual case
This article was created by Valova&Angelova law firm.