How can an heir be deprived of an inheritance in Bulgaria?

When a family starts talking about “disinheritance,” this rarely happens transparently or in a way that allows the disadvantaged heir to protect themselves in advance. Much more often, it is achieved through actions that undermine equality among heirs, rather than through an explicit declaration. Typical examples include donating a real estate property to only one heir, making a will in favor of a third party, or concluding a simulated sale contract that conceals the testator’s intention to deprive one or more heirs of their inheritance rights.

Such situations are far from exceptional. In practice, they frequently raise the question of whether the reserved share guaranteed to certain heirs under the Inheritance Act has been violated, and whether there are legal grounds to challenge the testator’s actions.

The issue of disinheritance raises serious questions not only from the perspective of inheritance law, but also in terms of the property-law consequences of various transactions. The purpose of this material is to clarify which methods are legally permissible for limiting an heir’s participation in an estate – including through wills, donations, or sale contracts – and in which cases such actions are subject to judicial review or restriction in order to protect the reserved share.

We will examine in detail the legal nature and effects of the sale of inheritance, the hypotheses of nullity due to simulation or circumvention of the law, as well as the possibility of reducing donations and testamentary dispositions when they infringe the statutory shares of descendants. We will also analyze the legal regime of the reserved share, including in cases involving two children, and outline the legal remedies available to heirs for the protection of their rights.

BSLC assists clients with assessing the legal validity of concluded transactions, initiating court proceedings to challenge sales, wills, and donations that effectively deprive an heir of inheritance, preparing procedural documents, and strategically planning inheritance disputes. Our consultations are based exclusively on Bulgarian inheritance law and objective legal analysis, aimed at effective and lawful protection of the parties’ interests.

What does the concept of “reserved share” mean?

The concept of the reserved share has a strictly defined legal meaning in Bulgarian inheritance law. It refers to the portion of the estate that the law mandatorily guarantees to a specific circle of heirs, regardless of the testator’s will expressed through testamentary dispositions or donations.

Pursuant to Article 28, paragraph 2 of the Inheritance Act, the reserved share is the part of the inheritance with which the testator may not dispose to the detriment of certain heirs. These heirs are commonly referred to as “mandatory heirs” (although this is not a statutory term) and include only the descendants (children and grandchildren), the parents, and the surviving spouse – i.e. heirs of the first and second order, and the spouse.

Unlike the remaining portion of the estate, over which the testator may freely dispose (the so-called disposable share), the reserved share operates as a legal limitation on that freedom.

📌 Example:
If a parent bequeaths their entire property to a third party and leaves behind two children, each child has the right to claim their reserved share – in this case 1/3 of the estate, pursuant to Article 29, paragraph 1 of the Inheritance Act.

The size of the reserved share depends on the number and category of mandatory heirs:

• with one child – 1/2 of the inheritance;
• with two or more children – 2/3, divided among them;
• for parents – 1/3, if there are no descendants;
• for a surviving spouse – 1/2, if inheriting alone, or a share equal to each child if inheriting together.

It is essential to distinguish between the reserved share and the statutory inheritance share. The reserved share becomes relevant only when there is competition between statutory inheritance and testamentary dispositions, and when the mandatory heir cannot receive even the legally guaranteed minimum. The reserved share is always smaller than what the heir would receive under intestate succession.

In this sense, the reserved share does not secure everything the heir could receive, but only a minimum threshold designed to prevent total deprivation through wills or donations.

Violation of the reserved share does not automatically render a will or donation void. The mandatory heir must actively exercise their right by filing a claim for reduction under Article 30, paragraph 1 of the Inheritance Act. If the beneficiary is not a statutory heir, the claimant must have accepted the inheritance by inventory in advance, pursuant to Article 30, paragraph 2 IA, for the claim to be admissible.

📌 Example:
If a testator donates their entire property during their lifetime to only one of their three children, the remaining two may claim violation of their reserved share and seek reduction of the donation, after establishing that their 2/3 of the estate has been infringed.

Can an heir be lawfully deprived of inheritance, and how?

The question of whether an heir can be lawfully deprived of inheritance is one of the most sensitive and complex issues in inheritance practice. Bulgarian law does not allow direct disinheritance through a simple declaration. Instead, any restriction of an heir’s access to inheritance occurs indirectly, through legally regulated mechanisms that require careful legal analysis.

Declaration of an heir as unworthy to inherit

Declaring an heir unworthy to inherit is one of the few cases in Bulgarian inheritance law where a person who otherwise belongs to the circle of statutory or testamentary heirs loses the right to inherit entirely due to culpable personal conduct toward the deceased.

This institution is regulated in Articles 3 and 4 of the Inheritance Act and functions as a moral-legal sanction.

Under Article 3 IA, an heir is unworthy if they have committed any of the following acts:

• intentionally killed or attempted to kill the testator, their spouse, or child, or participated in such an act, provided there is a final criminal conviction; acts committed in self-defense, necessity, or covered by amnesty do not establish unworthiness;
• falsely accused the testator of a crime punishable by imprisonment, again requiring a final conviction;
• by violence or fraud forced the testator to make, amend, or revoke a will, or prevented them from doing so – including psychological coercion and threats causing justified fear;
• knowingly concealed, destroyed, forged, or used a false will, aware that it did not reflect the testator’s true intent.

The grounds listed in Article 3 IA are exhaustive and cannot be extended by interpretation or analogy.

Unworthiness arises by operation of law upon commission of the act, but in order to be opposable to other heirs and third parties, it is usually established through a declaratory court action. Such claims may be brought by other heirs or any interested party. The court examines whether a statutory ground exists and whether it is proven by a final conviction or other admissible evidence.

Unworthiness does not automatically extend to the descendants of the unworthy heir – they may inherit by substitution under Article 10 IA.

Under Article 4 IA, the unworthy heir may be reinstated if the testator has forgiven them, either:

• expressly, through a notarized declaration or a will explicitly forgiving the act; or
• tacitly, where the testator makes a will in favor of the person, knowing of the act leading to unworthiness.

If the will was made without knowledge of the unworthy conduct, it is void under Article 42, letter “a” IA, as a disposition in favor of an unworthy person produces no legal effect.

For these reasons, declaring unworthiness requires precise factual and legal assessment, and effective protection of rights in such cases strongly depends on experienced legal representation.

Deprivation of inheritance through sale transactions

The second lawful method for effectively depriving an heir of inheritance in Bulgaria is the conclusion of a onerous transaction during the testator’s lifetime, such as a sale or a contract for transfer of property against maintenance and care. These mechanisms are widely used and legally permissible ways to remove property from the estate before death.

Under Article 18, paragraph 1 of the Obligations and Contracts Act, a sale of real estate must be concluded in notarial form. Where a market price is paid and there is no evidence of simulation, the transaction is not subject to challenge by other heirs, as it lacks gratuitous character. Even a price below market value does not automatically prove donation, provided there is actual payment and intent to sell.

Heirs may challenge such a sale only by proving simulation under Article 26, paragraph 2 OCA, i.e. that the sale conceals a donation. The burden of proof lies entirely with them.

A different legal nature applies to the maintenance and care contract, regulated in Articles 258–259 OCA. Here, the transferor conveys property in exchange for lifelong care and support. This contract is also concluded by notarial deed and is considered onerous. Consequently, it is not subject to reduction as a donation, even if it affects the reserved share.

Heirs may challenge such a contract only under Article 26, paragraph 1 OCA, by proving non-performance – for example, lack of actual care – which requires substantial evidence and does not automatically lead to invalidity.

Because of their legal resilience, both sales and maintenance-and-care contracts are frequently used as effective lawful tools to limit heirs’ access to property 🧾. Lifetime onerous dispositions entirely exclude later reserved-share claims, unlike donations or wills.

For clients planning their estate during their lifetime, BSLC consistently advises prioritizing onerous transactions with full legal consultation, ensuring stability and minimizing future disputes ⚖️.

Deprivation of inheritance through donation

The third method involves donations made during the testator’s lifetime. Unlike onerous transactions, donations are gratuitous and fall under the protective regime of Articles 30–32 of the Inheritance Act, designed to safeguard the reserved share.

Under Articles 225–226 OCA, donations of real estate require a notarial deed, while movable property donations may be made in simple written form above a certain value. Due to their gratuitous nature, donations are included in the mass subject to reduction when they infringe the reserved share.

Deprivation occurs when valuable property – typically real estate – is donated to one heir or a third party, thereby reducing what others would receive. In such cases, Article 30, paragraph 1 IA applies, allowing reduction of the donation to restore the reserved share.

To succeed, the claimant must prove:

1️⃣ entitlement to a reserved share;
2️⃣ existence of a lifetime donation infringing that share;
3️⃣ filing of the claim within five years from opening of the inheritance (Article 32, paragraph 1 IA).

The donation is not automatically invalid but subject to reduction to the necessary extent. The beneficiary may be required to return part of the property or compensate the others.

When a donation is made to a child without explicit declaration that it is outside the inheritance share, the law presumes it is included in that child’s share (Article 28 IA), preventing hidden disadvantage to others. If declared outside the share, it may be challenged only on reserved-share grounds.

From an estate-planning perspective, donation is a double-edged sword 🪙 – it allows lifetime distribution, but creates a high risk of future disputes. For this reason, BSLC advises careful calculation of reserved shares and, where appropriate, use of alternative instruments offering greater legal certainty and lower litigation risk.

Deprivation of inheritance through a will

The final method by which an heir may be deprived of inheritance is through a will. A will is a unilateral, strictly personal, and formal legal act by which a legally capable individual, referred to as the testator, disposes of their property for the time after their death. It is regulated in Articles 13–42 of the Inheritance Act (IA) and constitutes the principal legal instrument for mortis causa dispositions – i.e. dispositions of rights and obligations that take effect only upon the testator’s death.

At the outset, it must be emphasized that the effect of “deprivation of inheritance” that may arise through a will is significantly limited by Bulgarian inheritance law, given the special protection afforded to heirs entitled to a reserved share.

Pursuant to Article 14 IA, a will may be:

• holographic (handwritten) – entirely handwritten, dated, and signed by the testator;
• notarial – drafted by a notary in the presence of two witnesses, in accordance with the Notaries and Notarial Activity Act.

Key characteristics of a will include:

• Personal execution – only a natural person with full legal capacity may make a will (Article 13 IA);
• Unilateral nature – the will expresses solely the testator’s intent, without participation by the beneficiary;
• Gratuitous character – the will does not involve any consideration from the beneficiary;
• Revocability – the testator may revoke the will at any time, with a later will revoking the earlier one to the extent of inconsistency (Article 38 IA);
• Formalism – failure to comply with statutory form leads to nullity (Article 42, paragraph 1 IA).

A will may be:

• universal, where the testator disposes of their entire estate or an ideal share thereof (e.g. “I bequeath one half of my estate to X”);
• a specific legacy, where particular assets or rights are bequeathed (e.g. “I bequeath my apartment in Plovdiv to Y”).

It is crucial to stress that a valid will must contain a disposition of property and the designation of a beneficiary. A will that merely declares an intention to deprive an heir (“disinheritance”) without naming a beneficiary and object is void. Thus, a declaration such as “I deprive my son Ivan of inheritance” has no legal effect.

Such so-called negative wills are not recognized under Bulgarian law, as they contradict the concept of the will as a benefiting, not punitive, act (Article 42, paragraph 1 IA in conjunction with Article 13 IA).

📌 In practice, wills are used not only to transfer property, but also to manage delicate family and property relationships – including in cases of second marriages, children born out of wedlock, lifetime donations, and similar situations. For this reason, drafting a will requires not only legal form, but also strategic assessment of its consequences for statutory heirs and their reserved shares.

If a will infringes the rights of mandatory heirs – descendants, parents, and the surviving spouse (Article 28 IA) – they may protect themselves through an action for reduction of testamentary dispositions under Article 30 IA. This does not annul the will, but limits it to the extent of the disposable portion of the estate.

📌 Example:
If the deceased has one child and has bequeathed their entire estate to a sibling, the child’s reserved share is 1/2 (Article 29, paragraph 1, item 1 IA). If the will is not challenged, the sibling inherits everything. However, if the child brings an action under Article 30 IA within the five-year period, the court will reduce the legacy to 1/2, restoring the remaining half to the child.

Procedural requirements are essential:

• where the will benefits a person who is not a statutory heir, the heir entitled to a reserved share must have accepted the inheritance by inventory (Article 30, paragraph 2 IA; Interpretative Decision No. 3/2013 of the Supreme Court);
• the claim must be filed within a five-year preclusive period, running from the announcement of the will when a legacy is challenged (Plenary Supreme Court Decree No. 7/1973);
• the claim may also be brought within partition proceedings, but only in their first phase (Article 343 CPC).

Often, a will is combined with other lifetime acts – such as donations or simulated sales – which further complicate the exercise of reserved-share rights. In such cases, Article 33 IA applies: first, wills are reduced; then donations. Where both dispositions benefit the same person, the court grants them a choice as to which disposition is to be reduced.

⚠️ If the legatee has disposed of the inherited property within one year of the opening of the inheritance or after registration of the claim for restoration of the reserved share, the acquirer may be ordered to restore the reserved share in money (Article 37 IA).

🔍 How is infringement of the reserved share established?

The reserved share is that portion of the testator’s estate which the law guarantees to certain heirs regardless of any wills or donations. This mechanism, regulated in Articles 28–32 IA, ensures a minimum protected quota for so-called “mandatory heirs” – children, parents, and the surviving spouse.

Under Article 29 IA, the reserved share varies depending on the number and type of heirs:

• with one child – 1/2 of the estate;
• with two or more children – 2/3;
• where there are no children but a surviving spouse or parents – 1/2 for each.

🔍 Establishing infringement requires several legal and factual steps:

First, the estate mass must be determined, which includes:

• all property owned at the time of death;
• the value of lifetime donations added back (Article 28 IA);
• deducted liabilities (debts, funeral expenses, etc.).

Second, the reserved share must be calculated for the eligible heirs. For example, where a daughter and a son inherit, the total reserved share is 2/3, or 1/3 each.

Third, the disposable portion is determined. If testamentary dispositions and donations exceed it, the reserved share is infringed.

Fourth, the affected heir must bring an action under Article 30, paragraph 1 IA. The claim is constitutive, subject to a five-year preclusive period from the opening of the inheritance (Article 32 IA).

🎯 From a legal standpoint, only the court may order reduction of wills or donations. An heir cannot unilaterally “return” property without a court decision restoring the statutory balance.

⚖️ Order of reduction of testamentary dispositions

Under Article 32 IA, where a reserved share is infringed, the law establishes a mandatory order of reduction, applicable to both wills and donations.

⚖️ First, testamentary dispositions are reduced, in the following order:

• Universal wills are reduced first – dispositions of the entire estate or an abstract share thereof;
• Specific legacies are reduced next, proportionally, unless the will provides otherwise.

Only after wills are reduced does the court proceed to donations, reflecting the presumption that testamentary intent closer to death is more relevant.

🌐 Practically, if a testator bequeaths 3/4 of their estate to a third party and leaves one child, the court will reduce the will to 1/2, preserving the child’s reserved share. Donations are reduced only if this is insufficient.

Bringing an action under Article 30 IA to restore the reserved share

The action under Article 30 IA is the principal legal instrument protecting mandatory heirs. Article 30, paragraph 1 IA provides:

“An heir entitled to a reserved share who cannot obtain its full amount due to wills or donations may request their reduction to the extent necessary to supplement the reserved share, after offsetting legacies and donations received in their favor, excluding customary gifts.”

Prerequisites include:

• calculating the estate mass;
• determining reserved and disposable portions (Article 29 IA);
• offsetting benefits already received;
• establishing remaining deficiency.

📑 Against whom is the claim brought?
If brought against non-heirs, the claimant must have accepted the inheritance by inventory (Article 30, paragraph 2 IA), within three months of learning of the inheritance, extendable by another three (Article 61 IA).

📅 Time limits:
Five years from:

• opening of the inheritance (donations);
• announcement or exercise of rights under the will (testamentary dispositions).

⚖️ Effect:
The claim leads to partial reduction only, not annulment. Benefits received by the claimant are offset first.

🛠️ Upon success:

• wills are reduced proportionally;
• if insufficient, donations are reduced, starting with the most recent (Article 33 IA);
• where multiple dispositions favor one person, they may choose which to reduce (Article 34 IA).

What if the legatee has disposed of the property before I file a claim?

Consequences are regulated in Article 37 IA, protecting heirs entitled to a reserved share even where the beneficiary has transferred the property to third parties.

If a donated or bequeathed property has been alienated:

• within one year of opening of the inheritance, or
• after registration of the claim for reduction,

and the reserved share cannot be restored from the beneficiary’s remaining assets, the heir may seek invalidation of the subsequent transaction unless the acquirer pays the deficiency in money.

📍 Example:
A testator donates an apartment, which is sold six months after death. If a reserved-share heir successfully brings a claim under Article 30 IA and cannot recover from the donee’s assets, the transaction with the third party may be invalidated unless compensation is paid.

This rule offers strong protection but requires vigilance in registering the claim.

🛡️ Legal protection and strategies

From an estate-planning perspective, individuals should:

• calculate reserved shares with legal assistance;
• use wills only within the disposable portion;
• consider alternatives such as onerous transactions or creation of limited real rights.

For heirs who believe their rights are infringed:

• early legal advice is essential;
• evidence of estate composition must be gathered;
• action must be taken within statutory deadlines.

Conclusion

Depriving an heir of inheritance through donation, will, or onerous transaction is not a direct legal act, but the result of strategic use of lawful instruments. Bulgarian law does not recognize direct disinheritance, yet allows extensive freedom of disposition within statutory limits, particularly the reserved share under Article 29 IA.

Where that share is infringed, mandatory heirs may seek restoration through Article 30 IA. The most commonly used mechanisms include sales, exchanges, maintenance-and-care contracts, and wills in favor of third parties – all of which may still be challenged in cases of simulation, formal defects, or infringement of protected rights.

This is where BSLC’s legal team plays a decisive role. Our expertise in property and inheritance law enables us to assess validity, consequences, and strategy – whether defending a reserved share or structuring secure lifetime or testamentary dispositions. We approach each case with awareness of its family, emotional, and financial dimensions, and with respect for all parties involved in this delicate legal process.