Restoration of a Reserved Portion of Inheritance: A Comprehensive Guide
Inheritance disputes often arise due to disagreements over the reserved portion of an estate. If you believe your inheritance rights have been compromised, understanding the legal framework for restoring a reserved portion of heritage is essential. This article provides a detailed guide to help you navigate the process and protect your rights.
What Is a Reserved Portion of Inheritance?
In Bulgaria, the reserved portion of inheritance is the part of an estate protected by law for certain heirs. Descendants (children, including adopted ones), the spouse, and parents are entitled to this reserved share.
Here’s how it’s distributed:
- Children only: ½ of the estate for one child, ⅔ for two or more.
- Spouse and children: The spouse’s share equals that of each child, with the disposable portion decreasing as the number of children increases.
- Parents only: ⅓ if there’s no spouse.
- Spouse only: ½ of the estate.
This reserved portion ensures heirs receive their rightful inheritance, even if donations or wills try to bypass them.
Determining the Reserved and Disposable Portions
Before calculating the reserved portion, you must determine the estate’s total value. This includes:
- Assets at market value.
- Deducted debts and contributions made by heirs.
- Added gifts and testamentary dispositions.
If the reserved portion is compromised, heirs can take legal action to recover their share.
How to Recover a Reserved Portion
Heirs entitled to a reserved portion can file a legal claim against beneficiaries of donations or wills that violate their rights. To do this:
- Accept the inheritance by inventory if gifts or private testamentary dispositions are involved.
- File a lawsuit within 5 years from the date of the heir’s death or discovery of the will.
- Provide evidence of the reduced reserved portion, such as donations or improper testamentary dispositions.
The court prioritizes reducing bequests first, followed by donations. If a real share can’t be recovered, monetary compensation is awarded.
Disguised Donations and Simulated Sales
In some cases, individuals may attempt to disguise donations as sales to avoid revocation due to reserved portions. Such transactions are void under Bulgarian law. If you suspect a simulated sale:
- Gather evidence, including payment methods, amounts, and witness testimony.
- File a claim within 5 years from discovering the inheritance violation.
The court will evaluate the evidence and declare such transactions null and void if proven.
Rights of Heirs After the Death of an Entitled Heir
If an heir entitled to a reserved portion passes away before claiming their share, their successors can continue the legal process. They can either file a new lawsuit or join an ongoing case to recover the reserved portion.
Why Hire a Lawyer for Inheritance Disputes?
Navigating inheritance disputes requires a deep understanding of real estate and inheritance law. A skilled lawyer can:
- Assess the validity of donations and testamentary dispositions.
- Prepare necessary legal documents.
- Represent you in court to ensure your reserved portion is restored.
Statute of Limitations for Inheritance Claims
The statute of limitations for recovering a reserved portion is:
- 5 years from the date of death for regular inheritance cases.
- 5 years from discovering a will or its registration with the Registry Agency.
Conclusion
Restoring a reserved portion of inheritance is a legal process that safeguards heirs’ rights. If you believe your inheritance has been unjustly distributed, consult a professional lawyer specializing in real estate and inheritance law. At Legal Frame Law Firm, we provide expert guidance to help you recover your rightful share of the estate.
FAQs on Inheritance Law in Bulgaria
- What is the reserved portion of inheritance?
A legally protected share of an estate reserved for certain heirs. - How can I recover my reserved portion?
By filing a lawsuit and providing evidence of compromised inheritance. - What is the statute of limitations for inheritance claims?
5 years from the heir’s death or the discovery of the will.
