Make a Bulgarian Will

"Do not hesitate to make a Will in Bulgaria; the Bulgarian legislation gives each owner a chance to protect his or her property.

Mortality is a difficult subject for any of us to discuss or even think about, but it is inevitable that we will all leave this earth one day.

By planning a head and getting our financial affairs in order we are protecting those that we love, making their lives less stressful at such a difficult and emotional time.

Dying without making a will can result in unnecessary problems for those that we wish to leave our possessions and money to and making a will allows for smoother and quicker succession.

The Inheritance law in Bulgaria does not follow the model used by countries such as the United Kingdom, or the United States, which have inheritance laws based on English law. Bulgarian inheritance law is based on the legal system used in much of continental Europe, which is known as the Napoleonic Code.

In Britain anyone making a will is free to dispose of their assets as they wish. But in Bulgaria there are strict inheritance rules which dictate how estates are split on death. If your will contradicts these, then this civil code takes precedence.

The law states that the assets should be divided between the left/surviving heirs but, the main issue is to determine and to prove who are the ONLY legal heirs.

Your UK will can contain how your bank accounts, movables, intellectual property etc. can be disposed after your death. However, a general legal principle provides that any rights and obligations concerning a real estate property are regulated by the jurisdiction, where the property is located. Following this principle, you can see the specific regulation in the Bulgarian International Private Code:
Article 89 (2) Succession to immovable property shall be governed by the law of the State in which the said property is situated
However this could be interpreted also for the probate process (death without will).

Therefore the Code also provides explicit regulation, so that wills are valid, namely:

Article 90. (1) The capacity of a person to dispose of the property thereof by means of a will (making and revocation) shall be governed by the law applicable according to Article 89 herein.

As you can see, Article 90 refers the will regulation to Article 89 and we can clearly see that if you want to include your Bulgarian real estate property in a will, the latter should be made in Bulgaria, according to the statutes of the Bulgarian law.

This is also covered under The International Private Law in the European Community legislation which states that:
• Inheritance of movable assets is regulated by the law of the country where the usual residence of the person was at the moment of his/her death.
• Inheritance of real estate's is regulated by the law of the country where those real estate's are located.

It means that for real estates, there should be a will or wills prepared according to the legislation of the country where the exact real estate is located.

As already stated, the Bulgarian inheritance system is very different from the English system. We would rather advise you to make a separate Bulgarian Will. This will facilitate the winding up of any Bulgarian estate. In case that you have made an English will, which refers to Bulgarian estates, please make sure that this part of the will statements are in accordance with Bulgarian legislative requirements, so that the will statements will be valid and legally binding.

A will not made in Bulgaria can become useless if it does not meet the requirements of the Bulgarian legislation.

When there is no will the property left by the deceased is regulated according to the Bulgarian legislation. The inheritors can prove their rights over the left assets on the ground of relative connection. In Bulgaria there is a document known as the certificate for heirs, issued to the inheritors which cannot be issued to a foreigner, which means that it cannot be determined ALL the persons that have the right to receive the assets of the deceased.

A document that conclusively states who are ALL heirs of a legator.

That document is binding official grounds for the notary public to accept it as a proof of succession and transfer the property as per the requirements of the heirs stated in it.

Such a document does not exist in the UK and many other countries and therefore this document can not be issued by any embassy, government or legal body.

The inheritor’s document is a key requirement and grounds on which the estate is administered, as per the Bulgarian Laws. Without that document, the heirs CANNOT sell/transfer/donate the property or transfer/assume/buy the company shares, even though the Law states they are automatically transferred upon death to the successors.

The problem lies not within the generic connection between the heir and legator but within proving conclusively and officially who the heirs of the legator are."

Our qualified lawyers have vast legal knowledge and experience in this field and will guide and assist you in preparing the exact format and specific wording for your will.

If you would like further information on making a Bulgarian Will please fill in the form below.

Insurance Bulgaria, presents the information on this web site from sourced articles from various legal representatives in Bulgaria. as service to our clients and other Internet users. While the information on this site is about legal issues, it is not legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no representation, warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which we link.

Further, the information contained herein is intended to afford general guidelines on matters of interest. The application and impact of the laws can vary widely due to individual’s circumstances, from case to case, based upon the specific or unique facts involved. Accordingly, the information in this site is not intended to serve as legal, accounting or tax advice.

None of the information provided in this article should be construed as legal advice. Our professional advice should, therefore, be sought before action based on any information is taken.

Please speak to one of our legal representatives for a consultation of your own position.