Making a Will in Bulgaria — Types, Requirements & Reserved Portions

What you will learn

• Who has the legal capacity to make a will under Article 13 of the Inheritance Act.
• The full procedure for a notarial will under Article 24.
• The requirements for a holographic will under Article 25.
• A detailed comparison of the two forms.
• What the reserved portion is and the specific shares for various combinations of heirs.
• How to revoke or amend your will.
• When a will is invalid.
• Practical tips for drafting a valid will.

Who can make a will (Article 13 of the Inheritance Act)

Under Article 13 of the Inheritance Act, any person who has reached the age of 18 and has not been placed under full guardianship due to mental incapacity may make a will. Persons placed under limited guardianship also lack testamentary capacity.

The critical element is testamentary capacity, which is assessed at the time the will is made. If the person was of sound mind when making the will but is later placed under guardianship, the will remains valid. Conversely, if the person was under guardianship when making the will but was subsequently released, the will is invalid.

Bulgarian nationals may make a will covering property located in Bulgaria and abroad. Foreign nationals may also make a will for property situated in Bulgaria, provided they observe the formal requirements of Bulgarian law or those of their national law (Article 89 of the Private International Law Code).

There is no requirement that the testator own the property at the time of making the will. It is sufficient that the property belongs to them at the time of their death. A testamentary disposition concerning property belonging to someone else is not void, but it cannot take effect with respect to that property.

Notarial will (Article 24 of the Inheritance Act)

The notarial will is a formal act drawn up by a notary in accordance with the strict procedure prescribed by Article 24.

Step-by-step procedure

1. Choose a notary.

   You may approach any notary in the country. There are no territorial restrictions: the notary does not need to be from the district where you reside or where the property is located.

2. Preliminary consultation.

   It is advisable to discuss the contents of the will with the notary before the formal act. The notary can help you formulate your wishes in a legally precise manner that minimises the risk of future disputes.

3. Appear before the notary with two witnesses.

   The testator appears in person before the notary in the presence of two witnesses. The witnesses must be adults, legally competent, and able to understand the language in which the will is drafted. Persons who stand to benefit from the will, their spouses, and their relatives may not act as witnesses.

4. Oral declaration of intent.

   The testator states their wishes orally before the notary and the witnesses. The notary records the testator's wishes exactly as expressed.

5. Reading of the will.

   The notary reads the will aloud in the presence of the testator and the witnesses.

6. Approval and signing.

   The testator confirms that the recorded text corresponds to their wishes. The will is signed by the testator, the witnesses, and the notary. The notary notes the date and place of execution and compliance with all formalities.

7. Registration in the Notarial Register.

   The notarial will is automatically registered in the Notarial Register maintained by the Notarial Chamber. The original is kept by the notary.

Special cases

If the testator cannot sign due to a physical disability, the notary records this fact and the will is signed by the witnesses on the testator's behalf (Article 24(2)). If the testator is deaf, mute, or deaf-mute, additional formalities apply, including the presence of an interpreter (Article 24(3)).

Holographic will (Article 25 of the Inheritance Act)

The holographic will is the simpler form, but the validity requirements are strict. Under Article 25, a holographic will must be written entirely by hand by the testator, and must contain a date and a signature.

Three absolute requirements

1. Entirely handwritten.

   The full text of the will must be in the testator's own handwriting. A will typed on a computer, produced on a typewriter, or written by another person is void even if signed by the testator. Not even a portion of the text may be printed.

2. Date.

   The will must contain a date (day, month, year) placed by the testator. The date is important for determining testamentary capacity at the time of execution and for resolving conflicts between multiple wills.

3. Signature.

   The signature must be placed at the end of the will. A signature placed at the beginning or in the middle of the text does not satisfy the requirement. The signature must be the testator's customary one.

Storage of the holographic will

The holographic will may be kept by the testator (at home, in a bank safe-deposit box) or deposited with a notary. The second option is strongly recommended because it guarantees that the will is found and published after the testator's death. The notary prepares a protocol of acceptance and registers it in the Notarial Register.

Publication of the holographic will

After the testator's death, the holographic will is published by a notary (Article 27 of the Inheritance Act). Any person in possession of a will is obliged to request its publication by a notary immediately upon learning of the testator's death. Failure to publish does not invalidate the will, but the person who concealed it or failed to request publication bears liability for any damage caused.

Notarial vs holographic will — comparison

Recommendation: For significant property dispositions, the notarial will is the safer choice. If you prefer a holographic will for confidentiality, at a minimum deposit it with a notary to ensure it will be found and published.

Reserved portion — what you CANNOT bequeath (Articles 28-29)

The reserved (forced) portion is a share of the estate that the law reserves for certain heirs by operation of law: descendants, the surviving spouse, and parents. The testator may freely dispose only of the disposable portion. If the will infringes on the reserved portion, the affected heirs may bring a claim for its restoration under Article 30 of the Inheritance Act.

Practical example: The testator is married with two children and owns property worth BGN 300,000 (approximately EUR 153,388). The disposable portion is 1/4, i.e. BGN 75,000 (approximately EUR 38,347). The testator may bequeath a maximum of BGN 75,000 to a third party. The remaining BGN 225,000 (approximately EUR 115,041) constitutes the reserved portion: BGN 150,000 for the children (BGN 75,000 each) and BGN 75,000 for the spouse.

Important: The reserved portion is not applied automatically. If the will infringes on it, the heirs must actively bring a claim under Article 30 of the Inheritance Act. The claim may be brought within a 5-year limitation period from the opening of the succession.

Siblings, uncles, aunts, nephews, and more distant relatives have no reserved portion. If you have no children, spouse, or living parents, you may bequeath your entire estate freely to anyone you choose.

Revocation and amendment of a will (Articles 38-41)

A will is a unilateral, freely revocable act. The testator may revoke or amend their will at any time, without needing to state reasons and without the consent of the beneficiaries.

Methods of revocation (Article 38)

1. By a new will.

   A later will revokes an earlier one to the extent of any inconsistency (Article 38(1)). If the new will does not contradict but supplements the previous one, both coexist.

2. By notarial deed of revocation.

   The testator may revoke the will by a notarial deed in which they expressly declare the revocation (Article 38(1)). It is not necessary to make a new will.

3. By physical destruction of the holographic will.

   If the testator physically destroys the holographic will (tears it up, burns it, etc.), the will is considered revoked. Important: the destruction must be carried out personally by the testator.

Amending a will

To amend a will, you must make a new will (notarial or holographic) that changes or supplements the previous one. It is not possible to “correct” the text of a notarial will that has already been drawn up. For a holographic will, crossings-out and corrections are permissible but can create interpretation problems. It is advisable to draft an entirely new document.

Revocation of a revocation (Article 40)

If the testator revokes the will by a new one, and then revokes the new one as well, the first will is not automatically restored unless the circumstances indicate that such was the testator's intention (Article 40).

Disposal of bequeathed property (Article 41)

If the testator disposes of (sells, donates) the property that is the subject of the will, the testamentary disposition is considered revoked with respect to the disposed property (Article 41). If the testator subsequently reacquires the same property, the will is not automatically restored.

When is a will invalid (Articles 42-43)

The Inheritance Act distinguishes two forms of invalidity: nullity (Article 42) and voidability (Article 43).

Nullity (Article 42)

A will is void (produces no legal effect from the outset) when:

• The prescribed form has not been observed. Examples: a holographic will typed on a computer; lacking a date; lacking a signature; a notarial will drawn up without two witnesses.
• The testamentary disposition has an impossible subject matter.
• The condition or charge is impossible.
• The testamentary disposition or the motive that was the sole reason for making it is contrary to the law, public order, or good morals.

Voidability (Article 43)

A will is voidable (takes effect until annulled by a court) when:

• It was made by a person who, at the time of making it, lacked testamentary capacity (e.g., a person in a state precluding sound judgement due to severe mental disorder, alcohol, or drug intoxication).
• It was made as a result of mistake, duress, or fraud. The mistake must relate to the person of the heir or the subject of the will.

Limitation periods for challenging

A claim to annul a will under Article 43 may be brought within 3 years from learning of the ground for voidability, but no later than 10 years from the opening of the succession. Nullity can be established without any time limit.

Practical tip: If you are elderly or have health conditions that could serve as grounds for challenging your testamentary capacity, consider: choosing a notarial will; obtaining a medical certificate of your mental fitness immediately before making the will; alerting the notary to the potential risk of challenge.

Practical tips

1. Be as specific as possible.

   Avoid vague language. Instead of “I leave the house to Ivan,” write “I leave the immovable property located in Sofia, 10 Vitosha Street, Floor 3, Apartment 5, with cadastral identifier 68134.100.123.1.5, to Ivan Petrov Ivanov, personal identification number 8501011234.”

2. Consider substitute dispositions.

   Provide for what happens if the beneficiary dies before you or declines the inheritance.

3. Update your will when circumstances change.

   Marriage, divorce, the birth of a child, and the acquisition or sale of substantial property are all events that call for a review of your will.

4. Inform a trusted person.

   Notify at least one trusted person (spouse, child, lawyer) about the existence of the will and where it is kept.

5. Deposit a holographic will with a notary.

   The fee is modest (BGN 50–100 / approximately EUR 25–51), and the guarantee that the will is found and published is substantial.

6. Do not include conditions contrary to law or morals.

   A testamentary disposition subject to a condition contrary to the law or good morals is void under Article 42.

7. Consult a lawyer.

   Even with a holographic will, a consultation with a lawyer can prevent errors that could make the will void or easily contestable.

Frequently asked questions