making a will in bulgaria - Page 2

deedee1 · #11 02-12-2007, 10:51 AM

Hi all,

In the uk you have to mention you have a property in bulgaria!!

But in fact you have to make one in bulgaria as this is the legal one you will need to use -the uk one is not valid in bulgaria it is purely for speculation and mention purposes only!

You cannot claim your property in bulgaria through the uk or uk will- YOU CAN ONLY CLAIM AGAINST THE BULGARIAN WILL ONLY!!

If you dont have a bulgarian will you can loose you property and the government will take it for themselves!!
Take care-D

Jain and Chris · #12 03-12-2007, 10:22 AM

Hi Deedee

Steady on.... before we let everyone think that if there is no will the Bulgarian state will take your property!!!

The truth is that if you don't make a will, your property will be governed
by Bulgarian law and your heirs will be the ones as per BG law -
first line are the children, the spouse and the parents. If you don't have
heirs of this line or the next line - grandparents, cousins, aunts and
uncles, nephews and nieces etc., only then will the state inherit your
property.

The common rule is: "If there is no will, immovables are
inherited under Bulgarian law, movables - under the law of the last
address registration of the deceased."

Cheers

PS : Sorry, forgot. You don't have to make a Bulgarian will separately
from your English one. As long as the authenticity of the
latter can be confirmed, undoubtedly, it will be fully accepted.

deedee1 · #13 03-12-2007, 10:37 AM

Hi all,

Jain- Sorry but didnt intend to scare people etc but the fact remains that unfortunatelky alot of people are mislead and also presume that if you buy a property abroad then your uk will covers and protects you when in fact it doesnt one iota!!

Whatever country you buy in you need to ensure you have a will made in that country!!

Take care-D

Jain and Chris · #14 03-12-2007, 10:53 AM

Hi Deedee

I've just checked this with the Bulgarian lawyers who write for the magazine. They confirm that a British will would be accepted here regarding Bulgarian property. There is also the danger of having a will in each country, that one could cancel out the other.

I remember from working in a notarial office in France when we lived there that we dealt with several UK wills in relation to French property. All of which were accepted.

What do you mean by 'covers and protects'? If you mean can you do with your Bulgarian property whatever you want just as in the UK (i.e., leave it to anyone), then the key thing to remember is the difference between "movable" and "immovable" property with regard to Bulgaria, in particular the situation relating to reserved shares of heirs (Bulgarian Iheritance Act).

Inheritance is indeed a very complex issue - even more so these days with people owing property all over the world - and I recommend everyone to take proper professional advice. The last thing one needs at such a dreadful time is to be struggling with lawyers and trying to sort out if you even have a roof over your head.

Best wishes

digger06 · #15 25-12-2007, 08:02 PM

Quote:

Originally Posted by Jain and Chris

Hi

Of course you can make a will in Bulgaria. We have done so ourselves and it is valid.

The question of inheritance when it involves estate in one country can be difficult enough, let alone when it crosses international boundaries. The most important thing is to get proper professional advice in the matter so that the will complies with your wishes.

For example, tzvetanka says that you can have a will drawn up in your own country with an annexe which mentions the BG property; and choose to have your Bulgarian property come under the law of the country in which you are resident. This is quite right. However, she fails to go on and say that whilst you can do this, the law in your country of residence cannot affect the "reserved shares" of the heirs under the Bulgarian Inheritance Act. This is important to know !!!

Digger - did you get the will sorted out? If not, did you find the lawyers I mentioned on our site? Anyway, here is the email address of the lawyer who writes for the magazine. She speaks excellent English and they are a reputable firm : amandjukova@gpng-law.org

Hope this asssists.

Cheers,

found one in varna, the one above never answers e mails,ever!