Inheritance Lawyers in Bulgaria  – Contesting a Will

If you are preparing a will, you should take the first step – to consult with a good inheritance lawyer. An experienced inheritance lawyer will explain you the specifics of this particular type of document. If you need an assistance in drafting it, they will provide you. In order to be valid, the will has to be in written. It can be written by hand or by a notary. As a personal act of the legator which expresses his/her will, it incorporates information about the gratuitous disposal of his/her property after death. Main feature that your experienced inheritance lawyer will emphasize on, it is the so-called share of the inheritance belonging to your heirs. Although it is your property, you have got no right to deprive your descendants of this reserved portion.Inheritance lawyers Bulgaria, Property lawyers Bulgaria

To be valid a handwritten testament, it must be made personally by the legator. It must contain the date, month and year of compilation. In addition to that, at the bottom has to be affixed the testator’s signature. Any information recorded after the signature of the testator is not considered to be a part of the testament. Therefore, it cannot have legal consequences.

If you believe that the testament contains any defects, you can look for a experienced inheritance lawyer for contesting a will. He/she will explain what the conditions for the validity of a will are. The first condition, if the will is handwritten one, is to be written down personally by the testator. The handwritten will should not be typewritten or written on a laptop. Even if it is signed by the testator in the presence of witnesses, it is a defect of the will that makes it invalid.

What about the date..

A handwritten will with present date, month and year on it but with a missing signature of the testator, is also invalid one. In spite of the testator’s signature, If the will is written manuscript by a third party under the dictation of the testator, it will be invalid.

A competent experienced inheritance lawyers will explain you two things. First, why placing the date is of a great importance. And second – the signature of the testator. On the first place, date is important because the testator can change his/her will several times. A valid will is going to be the one with the latest date before death.

The state of testator’s sanity shall be assessed to the date of the will. If he/she hasn’t been able to manage and realize his/her own actions, respectively he/she hasn’t been legally competent to write a will. Incompleteness in writing of the date means if it isn’t written the whole date but just the month/year, etc. The only exception can be made if you can find the necessary information from the text of the will. Necessary information means Day, Month, Year (Decision № 4384-1980-I of the Supreme Court).

If there are two dates, we can assume that the first date marks the beginning of the letter. The second one marks its end. Your experienced inheritance lawyers will clarify that the person must have been in a state of sanity during the whole period of time surrounded by those two dates.

The legal basis for drawing up a will cannot be contrary to law, good morals and ethics. Another reason for contesting a will is in case it had been created under condition, subject to underwriting material obligations by the beneficiary. Basically, the will has got gratuitous character, and any conditions contrary this rule are grounds for contesting a will.

Under pressure or physical/psychological treatment

The next ground for contesting a will is if it had been made under pressure – physical or psychological treatment by a third party. It does not matter in whose favor the will is made – whether it is in favor of the third person exercising pressure or not. In any case it will be void. International Law Office D. Vladimirov & Partners has got many years of experience in contesting a will and assistance in creating it.

Inheritance Lawyers in Bulgaria  – Inheritance By Will

Inheritance

Inheritance

If you intend to prepare a will, here you will find some useful information about this specific type of document. It is recommended before you start drafting of a will to consult hereditary cases lawyer/lawyers. You need an inheritance lawyer in case of inheritance by will, too.

The main characteristic of the will is the opportunity of the testator to alter the order of successions by law. The will expresses the unilateral declaration of testator’s intention how to distribute his/her property. The distribution of property represents a disposition of rights to real property after the testator’s death. The will has to be made in written, and it is a form of validity rather than variability. The will is always a gratuitously disposition of property. It takes effect only after the death of the testator. He is the only person who can make the will. By the time of his death, his/her will may be amended, even several times. Before any change of the will, necessarily seek help and assistance from a hereditary cases lawyer.

The will can be drawn by hand or by a notary. If you prefer your will to be drafted by a notary but in your village/town there isn’t any, there is an alternative option. The will can be done by the judge for the entries at the District Court. The main requirement for this type of drafting a will is the presence of two witnesses.

Questions and Answers

One of the essential questions that all the lawyers dealing with hereditary cases should clarify, is the one about the preserved and disposable part of the heritage. By law, a certain portion of the property of the testator shall be reserved for his/her successors. Therefore, he/she has got no right to dispose of it by will. Heirs to which is assigned the reserved portion of the property are children, parents and husband. With the rest of inheritance called disposable portion, the testator may have ordered it in a way he/she deems best. If you are not sure which part of your property is defined as preserved, and which – as available one, do search for help. Every single hereditary cases lawyers will fully assist you.

Generally, the amount of the preserved and available portion of the heritage is determined by the number of heirs. In determining the exact number, shall prevail the moment of opening the succession. Legal fiction is that the conceived are considered to be born and get participation in the distribution of the will.

If you prefer to write down our testament, your hereditary cases lawyers will inform you as follows. Personally handwritten will must be written entirely by hand and by you yourself. There is no fixed template that must be followed when preparing a handwritten will. It is essential to have a date – day, month and year. At the bottom there should be affixed your signature. Information about the date, month and year must be entered before the signature of the testator. Everything that is written after the signature of the testator, is not considered to be a part of the will. It is vital, personally handwritten will must be fully written by hand. It is unacceptable to be typewritten or written on a computer and signed by you.

 Requirements

There are no specific requirements for the content of a handwritten will. There is no need to enter data from your identification card. You shouldn’t mention articles and paragraphs of the law, unless you want to. The only requirement for the will is to make clear who the testator is and who the heir/heirs is/are. It is also needed to be clear what is bequeathed. A will written under pressure or threat from a third party, is a void one.

When there is a handwritten will prepared, it can be stored and guarded by the testator, a third party – including a hereditary cases lawyer, or a notary. If the will is going to be kept by a notary, then it shall be submitted in a sealed envelope. It also has to be entered in a special register. If the testator has left several wills, a valid will is only the one with the latest date.