Handwritten or notarial will in Bulgaria?

A will is a unilateral transaction without consideration - a unilateral expression of a person's will aimed at producing legal consequences after the death of the heir.

The heir receives only what was in the testator's patrimony - part of it(for example, only a specific property) or all the movable and immovable property, bank deposits and other assets constituting the estate.

1.Peculiarities of a handwritten will.

A handwritten will should be drawn up in full by the testator. The problem is that such a will cannot be made by persons who are disabled and cannot write with their hands or by illiterate persons. According to the mandatory provision of Article 25(1) of the Inheritance Act, the writing of a handwritten will should be done personally by the testator and not under his dictation in the handwriting of a third person, as this would render the document (the will) null and void - it would have no legal effect. All of this shows that a handwritten will cannot be typed on a computer and then printed on a printer, nor can it be drafted in another language. A handwritten will must also contain the date on which it was drawn up and be signed by the testator in person.The signature must be affixed after the testamentary dispositions and may be expressed by writing the signatory's full name and/or in a handwritten signature.

When so drawn up, the handwritten will may be delivered to the notary for safekeeping in a sealed envelope. In this case, the notary shall draw up an express record on the envelope itself, after which the record shall be signed by the person who has presented the will and by the notary and entered in a special register.

A handwritten will deposited with the notary may be reclaimed and returned only to the testator in person. The return of the will shall be recorded in the special register and signed by the testator, two witnesses and the notary.

The person in whose custody a handwritten will is left shall, as soon as he becomes aware of the death of the testator, request the notary to declare it. The notary shall declare the will by drawing up a record in which he shall describe the state of the will and note its unsealing. The minutes shall be signed by the person who presented the will and by the notary. The book on which the will is written shall be annexed to the minutes, signed on each page by the same persons. Where the will has been deposited with a notary (Article 25(2) of the Law), the above provisions shall be executed by the notary with whom the will is deposited - Article 27 of the Law.

2.Notarial will.

Obviously, when the will requires more legal certainty or a testamentary disposition is to be made by an invalid or illiterate, the only possible option is notarial probate. Any notary, regardless of his area of operation, is competent to execute the will - Article 570, paragraph 2 of the Code of Civil Procedure (CCP). This is a facilitation of the civil turnover with regard to testamentary dispositions, because, for example, real estate transactions provided for in the hypothesis of Art. 570, para. 1 of the Civil Code are made only by the notaries of the place where the property is located. The notarial will is made in the presence of two witnesses - argument from Art. 24 para. 1 of the CCP. Pursuant to Article 24(2) of the CCP, the testator orally expresses his or her will to the notary, who records it as expressed and then reads the will to the testator in the presence of the witnesses. The will shall be signed by the testator, the witnesses and the notary. The notarial will shall be drawn up in the form of a notarial deed.

3.Notarial fee.

In accordance with item 9 of the Tariff for notarial fees to the Law on Notaries and Notarial Activity (the Tariff) for making a notarial will the fee shall be 50 per cent of the fee under item 8, but not less than BGN 30. The fee referred to in item 8 is a proportional fee according to the material interest to be certified, and according to Article 96 in conjunction with paragraph 2 of the RA of the Law on Notarial Deeds the material interest to be certified is determined in accordance with Article 33 of the Law on Local Taxes and Fees, i.e. the tax valuation of the property bequeathed. Pursuant to item 20(b) of the Tariff, the fee referred to in item 8 of the Tariff shall be charged for the preparation of a draft notarial will. If the will itself is executed by the same notary within one month, the fee referred to in point 9 shall not be charged. The fee referred to in item 1 of the Tariff, BGN 30, shall be charged for the execution of a deed of revocation of a will and for the preparation of a draft notarial deed of revocation of a will. The above fees are exclusive of VAT.