The topic of making a will has always been a delicate one. This is so for several reasons. On the one hand, the testator is aware of the rights and interests of his heirs, respectively whether, how and to what extent the latter might be harmed. On the other hand, in so far as the will takes effect after the person who made it deceases, the thought for the moment of his death certainly passes through the mind of the testator, and this is undoubtedly one of the biggest fears of every human being. Notwithstanding the above circumstances, and in spite of them, before proceeding to make a will, the testator should be aware of the most important specifics which determine its legal nature.
What does a will mean?
A will is a document by which a person can determine how their property will be distributed after their death. The subject of a will may be the testator’s entire estate (as a complex of rights and obligations) – the so-called “universal will” – or only certain assets of the estate (for example, a specific real estate, car, etc.) – the so-called “devise”.
Who can make a will?
Only an adult over 18 years of age can make a will.
IMPORTANT! Regardless of his age, if a person is under full interdict due to dementia and/or is not capable to act consciously, he cannot make a will.
IMPORTANT! Two persons cannot make a common will on behalf of both of them. There must be a separate will from each individual testator.
In whose favor a will can be made?
A will can be made in favor of:
– a physical person (individual);
– a legal entity (including non-profit legal entities, commercial companies, etc.);
– the state (Republic of Bulgaria);
– municipality.
What types of wills exist according to the Bulgarian law?
According to the Bulgarian law, there are two main types of wills.
Handwritten will.
A handwritten will, as it is evident from its name, must be handwritten by the testator and must contain precisely defined requisites.
Notarial will.
A notarial will is drawn up in the form of a notary deed in the presence of two witnesses who must sign the document.
When does a will enter into force?
A will may enter into force only after the opening of an inheritance.
Opening of an inheritance occurs at the moment of the testator’s death.
Do any additional procedures need to be carried out for the will to actually take effect?
In the case of handwritten wills, the occurrence of the death of the testator is not the only circumstance that is needed for the will to take effect. In this type of wills, certain additional procedures need to be carried out after the testator has deceased.
In the case of notarial wills, the occurrence of the death of the testator is the only necessary circumstance for the will to take effect.
IMPORTANT! In case of notarial wills, certain procedures also have to be carried out, but this happens immediately after the will is made, not after the death of the testator as in the case of handwritten wills.
Can a will be contested and on what grounds?
A will can be contested on several different legal grounds:
First of all, a will can be contested if the testator has left heirs with reserved portions and has exceeded the amount of his disposable portion of the estate, thereby harming their reserved portions of the inheritance.
Further, a will may be contested if there have been irregularities in its making – for example, if the will is contrary to law, if it is not made in the form prescribed by the law, if it is made by a person who was not entitled to make a will, if it is made by mistake, if it is made under duress or threat, etc. Some of these defects render the will voidable and others render it null.
IMPORTANT! Contesting a will can only be done before a court.
Who can contest a will?
A will may be contested by an heir whose reserved portion of the inheritance has been harmed, as well as by any third party who has a legal interest in contesting the will (for example, a creditor of the testator).
In what term a will can be contested?
In case of harming a reserved portion of the inheritance – the will may be contested within 5 years from the moment in which the devisee exercised his rights under the will.
In case of irregularities leading to the voidability of the will, the latter may be contested within 3 years from the day on which the contestant became aware of the reason for the voidability of the will.
In case of irregularities leading to the nullity of the will, it may be contested indefinitely in the time.
If you intent to make a will (regardless of whether handwritten or notarial one), atty. Dilyan Kolev can provide you full legal assistance, with a view to assuring you the necessary peace of mind that the will be fully compliant with the legal requirements, respectively that all risks of its cancellation due to eventual contesting by an heir or another interested third party will be eliminated.