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Key Features of Inheritance by Will

Key Features of Inheritance by Will: Legal Insights for Bulgaria

Inheritance by will is a formal process governed by Bulgarian inheritance law, allowing individuals to determine the distribution of their assets upon their death. Understanding the legal specifics of creating, executing, and contesting a will ensures clarity and protects the interests of heirs.


 

What Is Inheritance by Will?

Inheritance by will is a legal mechanism allowing an individual (testator) to dictate how their assets will be distributed after their death. Unlike statutory inheritance, which follows a predefined order, a will gives the testator freedom to allocate their estate as they see fit.


 

Types of Wills in Bulgaria

Bulgarian law recognizes two primary types of wills:

  1. Notarial Will:
    • Created in the presence of a notary and two witnesses.
    • Offers the highest level of legal protection and reduces the risk of disputes.
  2. Handwritten (Holographic) Will:
    • Written entirely by the testator, signed, and dated.
    • Can be stored privately or with a trusted individual but is more prone to disputes.

 

Essential Features of a Valid Will

For a will to be considered valid:

  • The testator must be of legal age (18+) and fully capable of understanding their actions.
  • It must clearly express the testator’s intentions.
  • The will must comply with legal formalities, including proper signing and, where applicable, notarization.

 

Key Considerations for Inheritance by Will

  1. Reserved Portion for Heirs:
    • Bulgarian law protects certain heirs (e.g., children, spouse) by granting them a reserved portion of the estate, even if excluded from the will.
    • A testator cannot fully disinherit these heirs without legal grounds.
  2. Right to Contest:
    • Heirs can challenge a will in court if:
      • It violates the reserved portion.
      • It was created under duress, fraud, or while the testator was incapacitated.
      • It fails to meet legal formalities.
  3. Asset Distribution:
    • A will can allocate specific assets to individuals, name a universal heir, or set conditions for inheritance.

 

Steps to Execute a Will

  1. Locating the Will:
    • If stored with a notary, it can be easily retrieved and authenticated.
    • For handwritten wills, the executor or heirs must locate and present the document to the court.
  2. Filing for Inheritance:
    • Heirs must declare acceptance of the inheritance within 6 months of learning about their entitlement.
  3. Probate Proceedings:
    • The court verifies the will’s authenticity and resolves disputes if any arise.

 

Advantages of Creating a Will

  • Ensures assets are distributed according to the testator’s wishes.
  • Reduces the risk of family disputes.
  • Allows for specific bequests or conditions, such as leaving assets to non-family members or charitable organizations.

 

Disputes in Inheritance by Will

Common reasons for disputes include:

  • Claims that the will infringes on the reserved portion.
  • Allegations of undue influence or forgery.
  • Misinterpretation of clauses in the will.

Resolving such disputes typically requires legal representation and supporting evidence, such as medical records or witness testimonies.


 

Legal Support for Inheritance Matters

Navigating inheritance by will can be complex, especially when disputes arise or reserved portions are involved. Consulting an experienced inheritance lawyer ensures:

  • Proper drafting of wills to minimize legal challenges.
  • Guidance during probate and inheritance acceptance processes.
  • Representation in court to resolve disputes effectively.

 

Why Choose Legal Frame?

At Legal Frame, our team of inheritance law specialists offers comprehensive support for:

  • Drafting valid and legally binding wills.
  • Representing heirs in probate proceedings.
  • Resolving disputes through negotiation or litigation.

We prioritize your interests, ensuring a smooth and transparent inheritance process.


 

Contact Legal Frame Today

If you need assistance with inheritance by will, reach out to Legal Frame for expert legal advice. Let us guide you through the complexities of Bulgarian inheritance law and protect your legacy.


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