22/01/2020
Why I do perform BULGARIAN TESTAMENT /WILL/, said rhetorically once my client…. And have answered: to guarantee tranquility and avoid problems and complications in the future for my heirs. Indeed, making of Bulgarian WILL is responsible step what can rid of your inheritors from a lot of problems and further embroilment.
First of all the TESTAMENT gives clear instruction who are the beneficiaries of the Author’s property, assets and possessions. If a WILL is not made, the Bulgarian law replaces it and gives categories if inheritors, who to receive the property…. First class are the children, if not children second parents, if not parents third brothers and sisters and etc. If not found any relatives the final class beneficiaries are the state and municipality. So, if someone haven’t done a TESTAMENT and pass away, and his relatives /closest, or more far/ are not noticed, or not very active to receive the inheritance, do you think the country or municipality shall be very motivated to discover and notice them…..?!? Do not believe……if there is even small chance to obtain the assets…
Second, without a WILL and even active heirs, struggling to prove their capacity of beneficiaries of the property, and the obtaining of the needed documents /especially certificate of the inheritors/ would be huge burden, efforts, time and expenses…what all would be easily replaced with a simple act of making a WILL.
Third, the delay of all the procedure in the ascertaining of the heirs and receiving of the inheritance would provoke additional unexpected problems, as example the Association LEGAL PRIME CARE met already cases of enforcement sales of properties for taxes /local, company’s, etc./ with death owners and unknown heirs…, what would be avoided with made WILL.
So, how to make a Bulgarian TESTAMENT ?
The Law describes two options for this: a/ handwritten WILL and b/made in front of the Notary.
We need to say that the first form, handwritten is more common, convenient and lucrative. The Author writes the text of the WILL with his own hand, but he must strictly to follow the rules of the Law. The breach of the Act’s regulations would conduct to invalidity of the WILL /full, or partial/. In that reason, we practice the text to be carefully prepared by Lawyer and then the Author to write it following Lawyer’s instructions and form. This procedure guarantees 100% validity of the WILL.
The second form, WILL in front of the Notary needs to be supported by two witnesses. It is more expensive /more fees/ and in that reason more rarely made, but necessary in some special cases…
The both ways /procedures/ have to be prepared and supported by Lawyer, who to consider all the requirements of the law and as result to be guaranteed that everything been done properly and the WILL is fully in force, without invalid parts, or totally illegal…
Sadly, we’ve been heard that some Brits use services of occasional persons /estate agents, translators, English-speaking drivers and deliverers, etc./ to save some pennies for Lawyer’s help. That’s ridiculous and shame. Hey folks, that delicate and responsible process is not a job for people on wheels…Lol. Because, after you passed away you don’t bequeath property, but bomb of problems….A Lawyer makes a lot of specialized work to prepare and ensure the legality of the WILL for you, as well as, but not only: to estimate the ability of the Author, to fill the order, form and rules of the Law, to figure and secure the reserved part of the inheritance, what the WILL can’t touch /have you heard about this?!?!/, and many other facts, what to be considered…..
LEGAL PRIME CARE can help and lead you properly in that sensible process.
Yours
LPC Team
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