How Is a Notarial Will Prepared? 🖋️
A notarial will in Bulgaria represents a testamentary disposition executed in the form of a notarial deed, not merely through notarization of a signature or content. This is a strictly formalized procedure, governed by the requirements of the Inheritance Act and the Notaries and Notarial Activity Act.
Unlike handwritten wills, a notarial will is created entirely within an official notarial procedure, which ensures a high degree of legal certainty, authenticity, and protection against disputes.
Which Notary May Draw Up a Notarial Will? Is It Possible to Contact a Bulgarian Consul Abroad?
According to established practice, any notary public in Bulgaria may draw up a notarial will, regardless of:
- where the immovable property is located, or
- the permanent address or residence of the testator.
There is no requirement for territorial jurisdiction, unlike transactions involving inter vivos transfers of real estate.
📍 Notarial wills may also be drawn up by Bulgarian consuls abroad.
❌ Mayors and deputy mayors do not have the authority to prepare notarial wills.
How Is the Testamentary Disposition Carried Out?
Pursuant to Article 24, paragraph 1 of the Inheritance Act, a notarial will must be made personally by the testator, before a notary public, in the presence of two witnesses.
These witnesses are often referred to as instrumentary witnesses and may not be persons who benefit from the will, such as:
- heirs under the will, or
- legatees.
Procedural Steps
The procedure unfolds as follows:
- ✅ The testator orally declares their will before the notary. The declaration must be clear, unambiguous, and specific.
- 🖊️ The notary records the declaration, personally or through a notarial clerk.
- 📜 The notary reads the text aloud in the presence of the testator and the witnesses.
- 📌 The testator confirms that the recorded text corresponds exactly to their true intent.
- 📝 The notary certifies that all formal requirements have been complied with – oral declaration, confirmation, and presence of witnesses.
- ✍️ The will is signed by the testator, the notary, and both witnesses.
Wills Made by Persons Unable to Sign
If the testator is unable to sign due to:
- illiteracy, or
- physical impairment,
they place a fingerprint of their right thumb instead. The reason must be expressly stated in the notarial deed.
- If the right thumb cannot be used – another finger is used.
- If no fingerprint can be placed at all, but the will is executed in notarial form with witnesses present, the will remains valid.
How Is a Notarial Will Stored, Accessed, and Recorded in the Property Register?
📂 A notarial will is mandatorily kept by the notary who prepared it.
Unlike handwritten wills, it is:
- ❌ not handed to the testator,
- ❌ not kept by heirs,
- ❌ not stored by an attorney.
This system guarantees:
- protection against loss or destruction,
- confidentiality during the testator’s lifetime, and
- secure access for entitled persons after death.
Disclosure and Access After the Testator’s Death
After the death of the testator, no formal announcement of the notarial will is required, as its legal effect arises automatically upon death.
Interested persons – such as:
- heirs by law, or
- legatees,
may request a certified copy from the notary.
📘 The notary is obliged to make an entry in the special register of the Registry Agency, pursuant to Article 33a of the Regulations on Registration.
🧾 Important clarification:
The notary may issue copies only to persons with a proven legal interest and must carry out a strict verification of access rights.
Registration of a Notarial Will in the Property Register
When the notarial will contains dispositions concerning immovable property, the notary must register the will in the Property Register.
This registration ensures that:
- the disposition is enforceable against third parties, and
- legal certainty regarding ownership is guaranteed.
🧷 Practical example:
If a testator bequeaths an apartment to a nephew, the notary must register this will in the Property Register.
Storage and Territorial Competence After Death
Although any notary may prepare a will, all post-mortem handling is carried out within the territorial competence of the notary who drew it up.
- The notarial deed cannot be processed or issued by another notary, unless there is:
- explicit authorization, or
- a succession link involving the original notary.
🔒 A deputy notary has no authority to process or issue copies unless duly authorized.
Who and When May Revoke a Will?
Pursuant to Articles 38 and 39 of the Inheritance Act, only the testator may revoke their will, at any time prior to death.
Unlike other unilateral acts (such as donations), no legal grounds are required for revocation. The decision lies entirely with the testator. 📜
Revocation may be:
- express, or
- tacit (implied),
with both forms having equal legal effect if the true intent is proven.
Express Revocation
Express revocation may occur in two ways:
- 📄 By executing a new will explicitly revoking the previous one
- Example: “I hereby revoke all previous wills and bequeath…”
- 🖋️ By a special notarial deed solely for revocation, without making a new disposition
This second method is less common but fully permissible, especially when the testator wishes only to cancel their prior will.
📌 The form of the revoked will is irrelevant – handwritten and notarial wills have equal legal force.
Tacit (Implied) Revocation
Tacit revocation occurs without an explicit statement, when a later will regulates the same matter differently.
Examples:
- If the first will leaves an apartment to Person B, and a later will leaves the same apartment to Person C, the earlier disposition is deemed revoked.
- If both wills leave the apartment to Person B, no revocation occurs.
Tacit revocation also includes physical destruction of a handwritten will:
- tearing,
- burning, or
- other actions clearly indicating intent to revoke.
Revocation of a Legacy (Specific Bequest)
A legacy may also be revoked through:
- Alienation of the specifically identified item
- Example: A bequeaths a flat to B, but sells it to C before death → the legacy is revoked.
- Even if the testator later reacquires the property, the legacy remains revoked unless a new disposition is made.
- Transformation of the item, so it loses its identity
- Example: a gold bracelet melted and turned into earrings.
⚠️ Exception:
If the alienation transaction is voidable (e.g., due to threat, mistake, or fraud) and is annulled by court judgment, the legacy is deemed not revoked.
When Is a Will Void (Null) – i.e. Producing No Legal Effect from the Outset?
Pursuant to Article 42 of the Inheritance Act, a will is void when the statutory requirements relating to its form, subjects, or content are not complied with. This is a special legal regime that derogates from the general rules on nullity under Article 26, paragraph 2 of the Obligations and Contracts Act and applies only where strictly defined grounds are present. ⚠️
Nullity Due to Defects in Form
The most common ground for nullity is a formal defect, i.e. non-compliance with the statutory form requirements. Typical examples include:
- A handwritten will is not written entirely by hand (e.g. typed on a computer and printed).
- The will lacks a date, or contains two different dates, making it impossible to determine the testator’s final will.
- The signature of the testator is missing, or it is not placed at the end of the will.
- A notarial will is not signed by the testator, the witnesses, or the notary.
- The notary has failed to comply with procedural requirements, such as:
- not reading the will aloud,
- not certifying that the will was declared orally, or
- allowing interested persons to act as witnesses.
📌 Each of these violations results in absolute nullity – the will produces no legal effect from the very beginning.
Nullity Due to Lack of Passive Testamentary Capacity
A will is also void if it is made in favor of a person who lacks the legal capacity to inherit, including:
- A person who predeceased the testator or was not conceived at the time of death.
- A legal entity that does not exist at the time the succession opens, with the exception of foundations established by will.
- An heir who is unworthy to inherit within the meaning of Article 11 of the Inheritance Act, such as:
- the killer of the testator, or
- a person who prevented the testator from freely expressing their final will.
Nullity Due to Conflict with the Law or Good Morals
This category includes wills whose content violates mandatory legal norms or fundamental moral values. Examples include:
- A joint will made by two persons, which is expressly prohibited by Article 15 of the Inheritance Act.
- A will that imposes obligations on the heir during the testator’s lifetime, such as:
- an obligation to care for the testator, or
- to perform actions before the inheritance is opened.
- A will that expressly states an illegal or immoral motive, for example:
“I bequeath to Georgi because he killed my mother-in-law.”
Legal Consequences and Procedural Aspects
A void will produces no legal effects whatsoever – neither inheritance-related nor proprietary. From a legal standpoint, it is treated as never having existed.
- Any person with a legal interest may invoke nullity, including:
- heirs by law,
- heirs under another will,
- legatees, and
- other interested third parties.
- There is no limitation period, as nullity may be asserted at any time:
- by claim, or
- by objection (e.g. a statutory heir contests a claim by a legatee by alleging nullity of the will).
Courts often accept partial nullity, for example where certain clauses violate the law or good morals, while the remainder of the will remains valid.
In such cases, conversion under Article 17 of the Inheritance Act applies, whereby the void clause is replaced with a permissible one, provided this corresponds to the presumed will of the testator.
When Is a Will Voidable – i.e. Capable of Being Invalidated by a Court?
Under Articles 43 and 44 of the Inheritance Act, a will is voidable when, at the time of its execution, there was a defect in the testator’s will. This means the will initially produces legal effects, but these effects may be terminated by a court judgment if it is proven that the testator’s will was vitiated. ⚖️
Grounds for Voidability of a Will
Inheritance law provides four specific grounds for voidability. This regime is special and excludes the direct application of Articles 27 et seq. of the Obligations and Contracts Act:
- Mistake as to the person
The testator was mistaken as to the identity or qualities of the beneficiary.
Example: “I bequeath my collection to Peter because he is a respected law professor,” but it later turns out this Peter is an entirely different person with no such status. - Fraud
The testator was intentionally misled by the beneficiary. A typical case is where someone falsely claims that all other heirs have died or renounced the inheritance. - Threat or coercion
Psychological pressure forcing the testator to make a disposition against their true will.
Example: an heir threatens an elderly parent with abandonment unless property is bequeathed to them. - Impaired testamentary capacity
The most common ground in practice. A will is voidable if the testator was unable to understand or control their actions at the time of execution, due to:
- dementia,
- alcohol intoxication, or
- acute mental illness.
Proof is difficult, as evidence must relate precisely to the moment of declaration, typically requiring:
- medical records,
- expert opinions, and
- witness testimony.
Who May Seek Annulment and How?
The right to seek annulment belongs to all persons with a legal interest, such as statutory heirs or heirs under another will who would benefit if the will is invalidated.
❗ Unlike the general rule under Article 28 of the Obligations and Contracts Act, where only the party with the vitiated will may sue, inheritance law allows broader standing. Even an heir who did not participate in the making of the will may seek its annulment.
Annulment is sought only through court proceedings, by means of a constitutive claim. Voidability may also be raised by way of objection, for example when a defendant challenges the validity of a will relied upon by the claimant.
Time Limits
Under Article 44 of the Inheritance Act, the claim for annulment must be brought:
- within 3 years from discovering the ground for voidability, but
- no later than 10 years from the opening of the inheritance.
This represents a combination of a subjective and an absolute preclusive period.
📌 Exception:
An objection based on voidability is not time-barred and may be raised even after the 10-year period, provided it is invoked within pending court proceedings.
What Is an “Executor of the Will” and Who May Perform This Role?
Pursuant to Articles 45–47 of the Inheritance Act, the executor of the will is a person appointed by the testator to ensure the proper execution of their final wishes. This is an optional element of the will’s content – the testator is not obliged to appoint an executor, but may do so to ensure clarity, control, and effectiveness in the implementation of testamentary dispositions. 📜
Appointment of an Executor
The executor may be appointed only by the testator, expressly through a clause in the will. The District Court has no authority to appoint an executor, unlike the administrator of the estate under Article 59 of the Inheritance Act.
The appointment may:
- cover all testamentary dispositions, or
- be limited to specific ones (e.g. only the execution of legacies).
It is also possible to appoint more than one executor, especially where the will contains complex or numerous dispositions.
Who May Be an Executor?
Any adult person with legal capacity may be appointed executor. This may include:
- a close relative,
- a trusted individual,
- an attorney, or
- even an heir or legatee.
There is no legal prohibition against the executor also being a beneficiary, provided no conflict of interest arises. Remuneration may also be agreed, usually stipulated directly in the will.
Powers and Duties of the Executor
Upon assuming office, the executor must prepare an inventory of the estate, which is a key step in clearly defining the estate’s assets and liabilities. 📑
The executor has the right to:
- manage the estate’s assets (e.g. paying bills, maintaining movable and immovable property),
- pay legacies and satisfy creditors of the deceased,
- perform acts of disposition (e.g. sale of property) only with permission from the District Court, ensuring judicial oversight over major transactions.
If the executor fails to perform their duties or abuses their powers, the District Court may remove them from office at the request of an interested party.
Historical Example and Practical Role
One of the most notable examples is the will of Ivan Evstratiev Geshov, through which a fund was created for the establishment of Sofia University. The executor played a decisive role in implementing a testamentary will with long-term public significance. ✍️
Sample Texts of Handwritten Wills – Valid and Void
When drafting a will, it is crucial not only to comply with formal requirements (handwriting, date, signature), but also to avoid substantive defects that lead to nullity.
Typical pitfalls include:
- bequests in favor of legally incapable persons,
- joint wills, and
- motives contrary to law or good morals.
✅ Valid Handwritten Will
I bequeath to my close friend L. all my movable property, including all available cash, bank deposits, and items located in my residence in the city of Plovdiv, 4 “M.K.” Street.
Should L. be unwilling or unable to accept the inheritance, I bequeath the same property to I., who supported me in my later years.
This will expresses my free and conscious intent.
17.03.2024
(Signature)
📌 Comment:
The will contains a valid testamentary disposition in favor of a legally capable person, with a clearly defined substitute disposition. There are no defects, conflicts with good morals, or violations of mandatory rules. The will is fully valid under Articles 13, 21, and 25 of the Inheritance Act.
❌ Void Handwritten Will
I bequeath my apartment in the city of Varna, 20 “Third of March” Blvd., to my friend V.
I have made this choice because V. helped me get rid of a burden – he personally dealt with my former employer who humiliated me.
I further oblige V., during my lifetime, to visit me every Sunday and bring groceries.
04.05.2022
(Signature)
📌 Comment:
This will is void for several reasons:
- The motive – rewarding a person for “settling accounts” with a third party – violates good morals (Article 42, item 3 of the Inheritance Act).
- The will contains an impermissible obligation imposed on the heir during the testator’s lifetime.
The disposition produces no legal effects and the will is void within the meaning of Article 42 of the Inheritance Act.
Substitution Clauses in Wills (Heir Substitutes)
The use of so-called substitution clauses (inheritance substitutes) is permitted under Bulgarian law only within strictly defined limits.
The testator may designate a substitute heir in the event that the primary heir:
- cannot inherit, or
- does not wish to accept the inheritance.
Such intent must be expressed clearly and unequivocally, in accordance with Article 21, paragraph 1 of the Inheritance Act.
By contrast, any clause under which the heir is obliged to transfer the inheritance to a third person after their own death is void, pursuant to Article 21, paragraph 2 of the Inheritance Act.
Example - ✅ Valid Will with Ordinary (Simple) Substitution
I bequeath my apartment located in the city of Plovdiv, 7 “Rozova Dolina” Street, to Ivan.
In the event that Ivan has predeceased me, or renounces the inheritance, or is found unworthy to inherit, I bequeath the same property to Stefan.
12.03.2022
(Signature)
📌 Comment:
This will contains an ordinary (inheritance) substitution. A substitute heir is designated who will receive the property only if the primary heir cannot or does not wish to inherit. Such wording is fully permissible under Article 21, paragraph 1 of the Inheritance Act.
Example - ❌ Void Will with Fideicommissary Substitution
I bequeath my house in the village of Vlahi to Radostina, and upon her death, the house shall pass into the ownership of her daughter – Vanya.
18.11.2021
(Signature)
📌 Comment:
This text introduces a fideicommissary substitution, i.e. a disposition determining ownership after the death of the heir. This is expressly prohibited by Article 21, paragraph 2 of the Inheritance Act.
Such a clause is void and produces no legal effects.
Is a Will Valid If It Bequeaths EUR 10,000 but Such Amount Does Not Exist at the Time of Death?
Yes, such a will remains valid, even if, at the time of the testator’s death, there is no available sum of EUR 10,000.
Under Article 13 et seq. of the Inheritance Act, a will may contain both:
- universal dispositions, and
- specific dispositions (legacies),
including dispositions concerning generic items, such as money.
In this case, the bequeathed amount represents a generic item (money), not an individually determined asset. This means that:
- the will remains legally valid, but
- its execution depends on the existence of assets in the estate.
Practical Consequences
- 💶 If sufficient funds exist in the estate – the legacy is executed in full.
- 💰 If the funds are insufficient – the legacy is executed partially, up to the amount available, unless other estate assets are used to cover the shortfall.
- 🚫 If no funds exist at all – the testamentary disposition cannot be executed, not because it is void, but because there is no object for its execution.
📌 Important:
This does not affect the validity of the will itself. The will remains legally effective, but the legacy cannot be performed where the corresponding property is missing.
Final Note
The Bulgarian inheritance regime grants the testator significant freedom in shaping their final wishes, but this freedom is accompanied by strict formal and substantive requirements. Lack of clarity, improper wording, or the use of impermissible clauses may lead to nullity, voidability, or unenforceability of testamentary dispositions.
For this reason, the drafting, revocation, and storage of wills should always be undertaken with professional legal assistance.
If you wish your intentions to be carried out precisely, lawfully, and without future disputes, entrust the preparation of your will to the professionals at BSLC. Our team ensures clarity, legal compliance, and full protection of your interests.
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