Will. Reserved portion

Any person over the age of eighteen who is not placed under guardianship can freely dispose of his property after his death by making a will.

Any person can dispose of all his property, provided that he does not prejudice the reserved part of a certain circle of his heirs. A reserved part is when the testator leaves descendants, parents or a spouse, he cannot by testamentary dispositions or by donation impair that, which constitutes their reserved part of the inheritance. Available part is the part of the inheritance outside the reserved part is the disposable part of the testator.

The preserved part of descendants (including adopted children), when the testator has not left a spouse, is: in the case of one child or his descendants - 1/2, and in the case of two or more children or their descendants - 2/3 of the property of the testator.

The preserved part of the parents or only of the survivor of them is 1/3. The preserved part of the spouse is 1/2 when he inherits alone, and 1/3 when the testator has also left parents.

Where the testator has left descendants and a spouse, the reserved portion of the spouse is equal to the reserved portion of each child. In these cases, the disposable part for one child is equal to 1/3, for two children it is equal to 1/4, and for three or more children it is equal to 1/6 of the inheritance.

Also, two persons cannot bequeath with one testamentary deed either for the benefit of each other or for the benefit of third parties.

A will is a unilateral act. With him, there is a declaration of will of only one person who disposes of his property. It is also a gratuitous act. No remuneration for the heir in connection with the acceptance of the inheritance can be negotiated with him. It is also an act of will - an expression of the will of a person who acted reasonably and independently when disposing of all or parts of his property. A will may be revoked by the testator himself, expressly or tacitly, by making a new will.

A person can inherit by will only what his testator owned. On the other hand, there is no restriction whether the person who will receive the will is an individual, a legal entity or the state. The only requirement is that the person be named in the will, be alive at the time of discovery of the inheritance, be able to receive under the will and be worthy.

Types of testamentary dispositions

These dispositions, which refer to the whole property or to a fractional part of it, are general and confer on the person in whose favor they are made the quality of heir.

These dispositions, which relate to certain property, are private, and confer on the person in whose favor they are made the quality of a testator. It should be kept in mind that if the testator is not the owner of the thing he is bequeathing, the will will be invalid. On the other hand, the bequest of a certain amount of generically defined items is valid, regardless of whether there were no such items in the testator's property when the inheritance was discovered.

Testamentary dispositions may also be made subject to condition or encumbrance. The determination of starting periods is invalid and, if there are written ones, they are not respected. When there is a general testamentary disposition with a deadline, it is considered to be a usufructuary testament over the entire estate or over the relevant share.

Any person who has an interest may request the fulfillment of the burdens imposed by the will. However, their non-fulfillment does not entail the destruction of the testamentary disposition.

A testamentary disposition has no effect if the person in whose favor it is made dies before the testator. Thus, the testator may designate one or more persons to acquire the inheritance or testament, if the heir or testator predeceases him, renounces the inheritance or testament, or is unfit to inherit. But the testator cannot oblige the heir to preserve and transfer to a third party after his death all or part of the inheritance received by the testator.

The legal or testamentary heir has the right to receive the bequest made to him, even when he renounces the inheritance.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg