Having a Bulgarian Handwritten Will is not just advisable it is Obligational and this is due to fact that there is a major difference and many legal discrepancies between the Bulgarian and the International Legal systems / Laws/. ID Law Office will help you to prepare your Handwritten Will.

Bulgarian Handwritten Will

As per the Bulgarian Law and Code of International Private Law, the real estates,  bank accounts and Bulgarian companies are administered as per the legislation of the Bulgarian Inheritance Law.

This leads to another important issue and this is the fact that in Bulgaria, when someone dies the legal heirs are obtaining a certificate called  “Certificate of Inheritors” that shows who are the ONLY legal heirs of the deceased in order the heirs to be defined per the law.

 The problem arises from the fact that in the UK and most of the foreign countries there is not such official document and it cannot be arranged to be issued in the UK or another foreign country. This certificate states who the successors of the legator are.  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. This document is the only proof of inheritor’s right/s after legator’s death.

For example: If husband dies, leaving a wife and they own a property registered on their joint names or bought during the marriage /which makes the property jointly owned as per the BG legislation/, as per the Bulgarian Legislation the heirs should obtain by the municipality this Certificate of Inheritors that will state who are ONLY legal heirs of the deceased. There are ways to proof who are and could be the heirs of the deceased but, as per the law the fact that requires legal proof, is not just who the heirs are but who are the ONLY rightful heirs of the deceased.

The only legal way to avoid future complications related with the fact of the death, is to prepare a Bulgarian Handwritten Will that will secure your properties for your heirs and will enable your heirs legally to be able to proof their heir’s rights.

As there are many properties and companies owned by foreigners in Bulgaria and having in mind the differences between the Bulgarian and foreign legislations, the legal way to protect your investment done in Bulgaria is to follow the requirement of the Bulgarian Law and to secure your estates and heirs by preparing a Bulgarian Handwritten Will.

If you have a UK, or other Will legally it is not applicable in Bulgaria, as it should follow and meet the requirements of the Bulgarian Inheritance Law regarding the form of the Will.

In Bulgaria there two types of Wills but the handwritten one has the following advantages:

  1. the text of the Will remains secret and known only by the legator/testator;
  2. the Will can be prepared anywhere you like, you only have to follow the requirements of the Bulgarian Legislation; You do not have to go to some administration office or someplace else;
  3. you can keep the Will with you, you can give it to someone else to keep it but the best option is to register it at the Notary Office, where the Will shall be kept by the notary who is registering the Will at the Land Registry, but the text of the Will ALWAYS remain secret; The other positive point of view of having a Handwritten Will registered at the Notary office is that when the notary register it at the Land registry, it receives a deposit number and date that make it hard for being disputed.

We offer services related to consultations and drafting of a Will conformable to each individual client’s case and protecting the best interests of our client.

The present article is not a legal consultation but presents a summarized theoretical development of a certain legal sphere. ID Law Office is not liable in the event of a misunderstanding of the information contained in this article. 

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