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.
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.