Inheritance Lawyers in Bulgaria – Inheritance By Will
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.
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.