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Bulgarian Succession Act
Last update: 2008-08-22 01:31:01
Chapter One
GENERAL PROVISIONS
Article 1. The estate shall be open for distribution at the time of death, at the last residence of the deceased.
Article 2. (1) Nobody can inherit on intestacy or through appointment by will if:
a) not begotten at the opening of the estate for distribution; and if
b) born unable to live.
(2) The one born alive shall be presumed able to live till the reverse is proven.
Article 3. Shall be unworthy of succession the one who:
a) has murdered or attempted murdering the deceased, his/her spouse or child, as well as any accomplice in said crimes, unless the act has been committed under circumstances excluding its punishability, or it has been amnestied;
b) has unjustly accused the deceased of a crime, punishable by imprisonment or graver penalty, unless such unjust accusations are prosecuted upon complaint of the victim and none has been filed;
c) has persuaded or hindered the deceased by force or through deceit to make, amend or the revoke appointments by will, or who has destroyed, concealed or corrected the will of the deceased or has made use of an untrue will.
Article 4. (1) The unworthy of succession can take, where the deceased has expressly acknowledged him or her to be worthy, through an act whose content has been certified by notary-public or through a will.
(2) The unworthy of succession, in favour of whom the deceased has made a testamentary disposition, having been aware of the reason of unworthiness, without expressly acknowledging the worthiness of the latter, shall only take within the limits of the will.
Chapter Two
DISTRIBUTION ON INTESTACY
Article 5. (1) The children of the deceased shall take equal parts.
(2) Those adopted by the deceased shall be considered his or her children.
(3) (Amended, SG No. 41/1985) In the case of adoption under Article 62 of the Family Code adoptees and their descendants shall not inherit from the relatives of the adoptive parent.
Article 6. Where the deceased has left no children or other issue, the estate shall be equally distributed among his or her parents or be taken by the one who is alive.
Article 7. Where the deceased has left only ascendants in the second or higher degree, the closest in degree from among them shall take equal parts.
Article 8. (1) Where the deceased has only left brothers and sisters, they shall inherit from him in equal parts.
(2) Where the deceased has only left brothers and sisters, together with ascendants in the second or higher degree, the former shall take two-thirds of the estate and the ascendants - one-third.
(3) In the hypotheses under the previous paragraphs consanguine and uterine brothers and sisters shall take half of the amount, distributed to born brothers and sisters.
(4) (New, SG No. 60/1992) Where the deceased has left no ascendants in the second or higher degree, no brothers or sisters or descendants thereof, the relatives on the lateral line up to the sixth degree inclusive shall take. The ones closer in degree, as well as the descendant of a relative closer in degree, shall exclude those more distant in degree.
Article 9. (1) The spouse shall take a part equal to the part of each child.
(2) (Amended, SG No. 60/1992) When the spouse inherits together with ascendants or with brothers and sisters, or with descendants thereof, he or she shall take half of the estate, where said estate is opened before the expiry of ten years from marriage, and conversely, he or she shall take 2/3 of the estate. When the spouse takes together with ascendants and with brothers and sisters or their descendants, he shall take one-third of the estate in the first hypothesis and half of it in the second hypothesis.
(3) (Supplemented, SG No. 60/1992) Where no other heirs under the previous paragraph are found, the spouse shall take the whole estate.
Article 9a. (New, SG No. 60/1992) When to an open estate ownership is restituted in properties taken by the state or included in labour co operative agricultural farms or in other agricultural organisations, formed on their basis, the heirs of a subsequent spouse shall not inherit, where said spouse has deceased before restitution of ownership and no children were born or adopted during the marriage with the deceased.
Article 10. (1) The descendants of the deceased, who have died before him ore are unworthy of succession, shall be substituted in the distribution on intestacy by their descendants, without limitation in degree.
(2) The brothers and sisters who have died before the deceased or those unworthy of succession shall only be substituted for their children or grand children.
(3) Succession in these cases shall occur by stocks.
(4) Substitution shall also be admitted in favour of a person, who has waived succession from an ascendant, whom he substitutes for or who is unworthy of succession.
Article 10a. (New, SG No. 117/1997) Where several persons have died and where it is not possible to establish the sequence in which death has occurred for each of them, it shall be assumed that the older have died before the younger.
Article 11 (Supplemented, SG No. 96/1999) Where there are no persons, capable of taking, in accordance with the previous articles, or where all heirs make a waiver of succession or lose the right to accept the estate, the estate shall devolve on the state, except for movable properties, housing, workshops and garages, as well as the plots of land and properties, primarily intended for residential construction, which shall become ownership of the municipality, on the territory of which they are located.
Article 12. (1) The heirs, who have lived together with the deceased and have taken care of him, shall take in succession the ordinary household possessions and where they have an occupation pertaining to agriculture and are not adequately remunerated in any other way, they shall also take agricultural implements of the deceased.
(2) Co-heirs, who have assisted in the lifetime of the deceased to the increase of his or her estate, can, if they have not been remunerated in any other way, request, at the time of estate division, to have an increase calculated to their benefit; such increase can be taken in kind or cash. Chapter Three
SUCCESSION BY TESTAMENT 1. GENERAL PROVISIONS
Article 13. Any person, who has reached 18 years of age and is not under full incapacitation due to dementia and who is capable of acting reasonably, can make testamentary dispositions with regard to his or her property for the time after his or her death.
Article 14. (1) (Amended, SG No. 60/1992) A testator can dispose through a will of the whole of his or her property.
(2) (Repealed, previous paragraph 3, SG No. 60/1992) In all cases testamentary dispositions cannot infringe upon the reserved share of an estate (Article 29).
Article 15. Through one and the same act two or more individuals may not make testamentary dispositions neither to their mutual benefit, neither to the benefit of third parties.
Article 16. (1) Testamentary dispositions, which refer to the whole or a fractional interest in the entire estate of a testator shall be called "general" and shall make the person, to the benefit of whom they were made, an heir.
(2) Testamentary dispositions, which refer to specific properties, shall be "partial" and confer the capacity of bequestee.
Article 17. (1) Testamentary dispositions can be made conditional or dependent on encumbrance.
(2) A general testamentary disposition, whose period is fixed, shall be considered a bequest of usufruct over the whole estate or the respective share thereof; the starting date shall be considered unwritten.
Article 18. Each one interested can request the execution of encumbrances, imposed by the will. The non-fulfilment of the latter shall not entail the abolition of a testamentary disposition.
Article 19. (1) A bequest of a specific item of property shall be invalid, if the testator is not the owner of said item at the opening of the estate for distribution.
(2) A bequest of a certain quantity of items determined by their genus, although none have been found in the estate of the deceased at its opening for distribution, shall still be valid.
Article 20. A testamentary disposition shall have no effect where the individual, in favour of whom it has been made, dies before the testator.
Article 21. (1) A testator may appoint one or more persons, who shall acquire the estate or bequest in case the heir or bequestee dies before him or her or makes a waiver of succession or bequest, or proves unworthy to inherit therefrom.
(2) A testator cannot, however, obligate the heir to keep and transmit, after his or her death, the inheritance taken by him or her, in its entirely or partially, to a third person.
Article 22. (1) An heir, intestate or by will, has the right to take a bequest, which has been made to him or her, even where he or she has made a waiver of succession.
(2) Provisions of Article 48 - 54 shall also apply to bequests. 2. FORM OF TESTAMENTARY DISPOSITIONS (WILLS)
Article 23. A testamentary disposition can be notarial or personally handwritten.
Article 24. (1) A notarial testamentary disposition shall be executed by a notary in the presence of two witnesses.
(2) (Supplemented, SG No. 104/1996, amended, SG No. 59/2007) A testator shall verbally express his or her will to the notary, who shall write it as it has been expressed, after which he shall read the will to the testator, in the presence of the witnesses. The notary shall take note of these formalities in the will, also marking the place and date of its drafting. Then the will shall be signed by the testator, the witnesses and the notary. In drafting the notarial will the notary shall be guided by the provisions of Article 578, paragraphs 1 and 2 of the Civil Procedure Code.
(3) Where the testator cannot sign, he or she must disclose the reason for this and the notary shall take note of his or her statement before reading out the will.
Article 25. (1) A personally handwritten will must be entirely written by the hand of the testator him- or herself, set out the date, when it was drafted and it must also be signed by him or her. The signature must be placed below the testamentary dispositions.
(2) A will can be transmitted for keeping to the notary in a sealed envelope. In this case the notary shall draft a protocol on the very envelope. The protocol shall be signed by the person, who has presented the will, and by the notary, and it shall be entered in a special register.
Article 26. (1) A personally handwritten will, submitted for keeping to the notary, can be taken back, but only by the testator in person.
(2) A note shall be made of the return of a will in the special register, which shall be signed by the testator, two witnesses and the notary.
Article 27. (1) A person, who has possession of a personally handwritten will, must as soon as he or she becomes aware of the testator's death, request its disclosure by the notary.
(2) Any interested person may require from the regional judge at the place, where the estate was opened for distribution, to fix a term for presentation of the will, in order to have it announcement by the notary.
(3) (Corrected SG No. 41/1949) A notary shall disclose the will, drafting a protocol to this effect, where the status of the will is described and a note is made of its unsealing. The protocol shall be signed by the person, who has presented the will and by the notary. The paper, on which the will was written, countersigned by the above persons on each page shall be attached to the protocol.
(4) Where a will has been submitted for keeping to the notary (Article 25, paragraph 2). the above provisions shall be implemented by the notary in whose possession said will is. 3. RESERVED AND DISPOSABLE SHARE
Article 28. (1) Where the deceased leaves descendants, parents or a spouse, he or she may not, through testamentary dispositions or donation, infringe upon what constitutes their reserved share of the estate.
(2) The share of the estate, out of the reserved share thereof, shall constitute the disposable share of the deceased.
Article 29. (1) The reserved share for descendants (including adoptees), when the deceased has not left a spouse, shall be as follows: in case of one child or descendants thereof - 1/2 and in case of two or more children or descendants thereof, 2/3 of the estate of the deceased.
(2) The reserved share for the parents or the surviving one shall be 1/3.
(3) The reserved share for the spouse shall be 1/2, where he or she is the only heir, and 1/3 where the deceased has also left his or her parents. Where the deceased has left descendants and a spouse, the reserved share of the spouse shall be equal to the reserved share of each child. In these hypotheses the disposable share, in case of one child, shall be equal to 1/3; in case of two children it shall be equal to 1/4; and in case of three or more children it shall be equal to 1/6 of the estate. 4. RESTITUTION OF THE RESERVED SHARE
Article 30. (1) An heir, having the right to a reserved share, who cannot take the full extent of said share due to wills or donations, can request their reduction to the extent, necessary to supplement his or her reserved share, after compensation of the testamentary dispositions and donations made in his or her favour. with the exception of ordinary gifts.
(2) Where an heir, whose reserved share is infringed, exercises the above right with regard to persons, who are not intestate heirs, it shall be necessary for him to have taken the inheritance by inventory.
Article 31. In order to determine the disposable share, as well as the extent of the reserved share of an heir, an estate of all properties shall be formed, which had belonged to the deceased at the time of his or her death, deducting therefrom any liabilities and the increase of the estate under Article 12, paragraph 2. Then donations, with the exception of ordinary gifts, shall be added thereto, in accordance with their position at the time of donation and with their value at the time of opening of the estate, as regards immovable properties, and at the time of donation, as regards movable ones.
Article 32. The testamentary dispositions shall be reduced on a pro rata basis, making no difference between heirs and bequestees, unless the testator has otherwise ordered.
Article 33. Donations shall only be reduced where bequested properties are depleted, starting from the last and moving consecutively to the preceding ones.
Article 34. Where several properties have been bequested or donated to a person, reduction shall be implemented at this person's choice. If he or she does not make a choice within the period given by the court, the rules of Article 32 - 33 shall be applied.
Article 35. (1) Where the deceased has bequested an usufruct or a life rent, the income, respectively the extent of which exceeds the income from the disposable share, the heirs, having the right to a reserved share, who receive the nude property, also have the right to choose either to fulfil the testamentary disposition or to abandon the full ownership of such part of the inheritance property, which is equal to the disposable share.
(2) The heirs shall also have the same right of choice where the deceased has bequested the nude property of estates the income from which exceeds the income of the disposable share.
(3) (corrected SG 41/1949) The decision to fulfil a testamentary disposition can be taken only with the agreement of all affected heirs, less the one, in favour of whom it had been made.
(4) The same rights shall also apply where the usufruct, rent or nude property have been established through an act of donation.
Article 36. (1) Where the object of bequest or donation is an immovable property and the separation of a part thereof, in order to supplement the reserved share for the heir, cannot conveniently take place, in case the value of the bequested or the donated property, calculated in accordance with Article 31, exceeds by more than 1/4 the disposable share, said property shall remain in its entirety within the estate and the bequestee or the recipient of donation shall receive the value of the disposable share. Where the 1/4 has not been exceeded, the bequestee or recipient of donation can keep the entire property and indemnify the heir with money, in accordance with the price at the time of the reduction.
(2) When a bequestee or recipient of donation is an heir with a reserved share, he can keep the whole property only if its value does not exceed the disposable share and his or her reserved share taken together.
(3) A bequestee or recipient of donation shall be obliged to give back fruits from the properties, which exceed the disposable share, from the death of the deceased, where a claim to this effect has been presented within one year from the same date, and conversely, from the date of the statement of claim.
Article 37. (1) Alienation of the bequested or donated immovable properties, as well as the establishment of real rights in them, as implemented by bequestees or the recipients of donations, against whom reduction has been decreed, which had taken place before the expiry of one year from the opening of the estate for distribution or after a statement of claim for reduction had been recorded, can be revoked upon request of the heir, where the latter cannot supplement his reserved share from the property of the bequestee or recipient of donation and where the acquirer does not supplement the reserved share with money.
(2) The same is valid for agricultural and transport machinery of significant value.
(3) Claims must be filed starting from the last alienation and moving consecutively to the previous ones. 5. REVOCATION OF WILL
Article 38. A will can be explicitly revoked with a new will or a notarial act, whereby a testator explicitly declares, that he entirely or partially revokes any previous provisions.
Article 39. A subsequent will, which does not explicitly revoke the previous one, shall only revoke the provisions, which are incompatible with the new one.
Article 40. A will, which has been revoked by a subsequent one, shall remain revoked even where the subsequent will has no effect, due to the fact that the heir or bequestee die before the testator, prove unworthy, or make a waiver of succession or bequest.
Article 41. (Corrected, SG No 41/1949) (1) The entire or partial alienation of a bequested possession shall repeal a bequest whose object has been alienated, even when possession is recovered by the testator or when the act of alienation is invalidated for any reason, other than defect in consent.
(2) The same is also valid when the testator processes or modifies the bequested possession in a way that makes it lose its previous form and intended use. 6. NULLITY OF WILL
Article 42. A testamentary disposition shall be null:
a) when it has been made in favour of a person, who does not have the right to take by bequest;
b) when at the time of drafting the will the provisions of Article 24, respectively of Article 25, paragraph 1, have not been observed, and
c) when a testamentary disposition or the sole motive, expressed in a will, due to which the disposition has been made, are contrary to the law, the public order and the good morals; the same is also valid when the condition or encumbrance are impossible.
Article 43. (1) A testamentary disposition shall be voidable:
a) when it has been made by a person, who at the time of drafting had not been able to bequest, and
b) when it had been made due to a mistake, an act of violence or fraud.
(2) A mistake in the motive shall be a reason for abolition of the testamentary disposition, when the motive is expressed in the very will and the disposition has only been made because of it.
Article 44. (1) A claim for abolition of a testamentary disposition shall be extinguished upon the expiry of three years from the day, on which the claimant has come to know about the reason of Voidability, and in any case upon the expiry of ten years from the opening of the estate for distribution.
(2) Where gaining knowledge precedes the opening of the estate, the three year term shall start running from opening of the estate.
(3) The objection of Voidability shall not be restricted in time. 7. EXECUTORS OF WILLS
Article 45. (1) A testator can assign one or more legally capable persons to execute his or her testamentary dispositions.
(2) Upon request of each interested party the regional judge at the location, where the estate has been opened, can set a term for the acceptance of assignment after the expiry of which, if the assignment is not accepted, it shall be considered that the person assigned has refused.
Article 46. (1) The executor of will must take inventory of the estate, after inviting the heirs and bequestees to attend thereat.
(2) He/she shall enter into possession of the estate and manage it, as far as these actions are required for the implementation of testamentary dispositions.
(3) He/she cannot alienate estate properties except where necessary, with a permission of the regional judge, who shall decide after hearing the heirs.
Article 47. The regional judge can remove the executor of the will from office if he/she makes proof of negligence, lack of capacity or takes acts, which are incompatible with the required level of trust. Chapter Four
ACCEPTANCE AND WAIVER OF SUCCESSION
Article 48. An estate shall be acquired upon acceptance. The acceptance shall have effect as of the opening of the estate.
Article 49. (1) The acceptance can be made through a written declaration to the regional judge, in whose district the estate has been opened for distribution; in this case acceptance shall be entered in a special book.
(2) Acceptance also exists where the heir takes an act, which undoubtedly reveals his/her intention to accept the estate, or when he/she conceals inheritance property. In the latter case the heir shall lose the right to an inheritance share in the concealed property.
Article 50. (Repealed, SG No. 60/1992).
Article 51. (1) Upon request of each interested party the regional judge, after summoning the person, who has a right of succession, shall set a term to said person, within which he/she shall have to declare whether his/her acceptance or waiver of succession. Where a lawsuit has been brought against the heir, said term shall be fixed by the court, hearing the case.
(2) Where the heir does not respond within the set term, he/she shall lose the right to accept succession.
(3) The statement of the heir shall be entered in the book, provided for under Article 49, paragraph 1.
Article 52. A waiver of succession shall take place pursuant to the rules under Article 49, paragraph 1; it shall be recorded on the basis of the same rules.
Article 53. The share of the heir who has made a waiver or lost the right of acceptance of succession, shall increase the shares of the other heirs.
Article 54. (1) Acceptance and waiver, made conditional condition, restricted by a period of time or in respect of a portion of the estate, shall be invalid.
(2) Acceptance and waiver cannot be challenged due to a mistake.
Article 55. Where, after acceptance of succession a will is found, which had not been known, the heir shall not be obligated to satisfy bequests thereunder exceeding the value of the estate, or if they infringe upon his/her reserved share. In such cases the heir can request the reduction of bequests under other wills.
Article 56. (Corrected, SG No. 41/1949) (1) The creditors of the person, who has made a waiver of succession, can request its invalidation to their benefit, as far as they cannot obtain satisfaction from the possessions of the heir.
(2) The claim can be submitted within one year from becoming aware of said waiver, and not later, however, than three years therefrom.
Article 57. Where an heir dies before accepting the succession or before waiving it, each of his/her heirs can only accept said succession if he/she also accepts the estate of the deceased; he/she can waive said succession, despite accepting the estate of the latter.
Article 58. Until acceptance of the estate, the person who has the right to inherit, can manage the inheritance estate and exercise possessory actions for keeping it.
Article 59. (1) When a person, who has the right to succession, is at an unknown residence or although his/her residence is known, he/she has not assumed the management of inheritance possessions, the regional judge shall, ex officio or upon request of the interested persons, appoint a manager of the estate.
(2) The manager must take an inventory of the inheritance estate. He shall file and defend claims concerning the inheritance estate and liabilities. To perform under inheritance liabilities, execute bequests and sell the inheritance properties, he/she must request permission from the regional judge.
Article 60. (1) The heirs, who have accepted the succession, shall incur the liabilities it has been encumbered with, in accordance with the shares they have taken.
(2) An heir, who has accepted the succession by inventory, shall only be responsible to the extent of the received inheritance.
Article 61. (1) The acceptance of succession by inventory must be declared in writing to the regional judge within three months, after an heir has come to know, that the estate has been opened. This term can be extended by the regional judge up to three months. The acceptance shall be recorded pursuant to the rules of Article 49, paragraph 1.
(2) Legally incapacitated persons, the state and public organisations shall only accept the succession by inventory.
Article 62. Acceptance by inventory by one of the heirs may be used by the others, but it does not deprive them from the right to directly accept succession or make a waiver from it.
Article 63. Inventory shall be taken in pursuance of the rules of the Civil Procedure Code.
Article 64. An heir shall be obliged to indicate to the regional judge all inheritance properties, known to him/her, in order to be included in the inventory, or else he/she shall lose the benefits, associated with acceptance of succession by inventory.
Article 65. (1) An heir, who has accepted succession by inventory, shall manage inheritance possessions, being obliged to take the same level of care he takes of his own works. He/she cannot alienate immovable properties up to five years after acceptance and up to three years any movable properties, except following a permission of the regional judge; conversely, he shall incur the liabilities of the deceased without limitation.
(2) The heir shall be accountable to the creditors and bequests of his or her management.
Article 66. (1) When succession has been accepted by inventory, each creditor or bequestee can request from the regional judge to determine the rules, following which the heir will pay the creditors and bequestees. In case this is not made, the heir, who has accepted succession by inventory, shall pay the creditors and the bequestees at the order, in which they make their claims to him.
(2) Creditors, who present their rights after the assets of the estate have been depleted, shall have a counterclaim against bequestees. A claim must be filed within three years from the last payment.
Article 67. (1) (Corrected, SG No. 41/1949) The creditors of the estate and bequestees can, within three months following acceptance of succession, require the separation of possessions of the deceased from those possessions of the heir.
(2) (Amended SG 34/2000) Said separation shall be implemented for immovable properties by a note in the in the accounts for the immovable properties of the deceased pursuant to the Cadastre and Estate Register Act, and as regards movable properties, by application to the regional judge, which shall be entered pursuant to Article 49, paragraph 1.
(3) The creditors of the estate and bequestees, who have requested separation, shall enjoy preference over those who have not requested it. When separation has been requested by the creditors and bequestees, the former shall enjoy preference over the latter.
Article 68. The bequest of a specific item of property shall be respectively reduced, when the remaining inheritance estate is not sufficient for the payment of inheritance liabilities. Chapter Five
DIVISION OF THE ESTATE
Article 69. (1) An heir can always request division, despite any adverse disposition of the deceased.
(2) Each heir can request his or her share in kind, as far as this is possible. Inequality in shares shall be compensated with money. The properties which cannot be conveniently divided, shall be presented at a public auction.
(3) An heir who is a farmer, living inside or in the vicinity of a populated area where non-developed real estates of inheritance are located, in order to supplement the land owned by him or her up to the average type of private labour agricultural farm, can buy out from the rest of co-heirs, who do not live in the same populated area or in the vicinity thereof or who or do not deal with agriculture, the non-developed real estated, falling into their respective shares.
Article 70. (Corrected, SG No. 41/1949) Before proceeding at compiling the shares, each co-heir must contribute to the estate what he/she owes to the deceased and also what he/she owes to other co-heirs in relation to the co-ownership among them. If he/she does not implement a contribution in kind, co heirs, who have right to request it, shall receive in their share part of the inherited possessions, the equal of what is due in value, and where possible, also in kind.
Article 71. (Repealed, SG No. 60/1992).
Article 72. When compiling shares, splitting of fields into sections smaller than 3 decares, of pastures into sections smaller than 2 decares and of vineyards and orchards into sections smaller than 1 decare, shall not be admitted.
Article 73. (1) Each co-heir shall, in proportion to his or her inheritance share, be obligated to provide security to a co-heir, who, due to a reason preceding the division, has been evicted by the court from possessions going into his or her share.
(2) This security shall not be due, when it has been excluded with special agreement in the act for the division or when the co-heir on his guilt has endured court removal.
Article 74. (1) Division cannot be challenged due to a mistake, except where, in implementing it, some of the co-heirs have been damaged by more than 1/4 of the value of his or her share.
(2) A claim to this effect cannot be filed later than 1 year after the implementation of division.
(3) The nullifying shall not be admitted if before the taking of the decision by the utmost court instance the share of the damaged is supplemented with money or in kind by the rest of the co-heirs.
Article 75. (1) When, in implementing a division some inheritance possession is missing, it shall be additionally made subject to division.
(2) When the division has been implemented without the participation of some of the co-owners, it shall be entirely null.
Article 76. Acts of disposal by a co-heir of specific inheritance objects shall be void, unless said objects go into his or her share upon division.
Article 77. (1) (Corrected, SG 41/1949) During his or her lifetime the deceased can divide his possessions between his or her heirs, including the reserved share in said division.
(2) This division must be implemented through an act of donation or a will.
Article 78. (1) A division, in which the deceased had not included some of the co-heirs with a right to reserved share, shall be void.
(2) A co-heir, who has sustained damages in his reserved share as a result of a division, can request its restitution by the other co-heirs. When the division has been made by an act of donation, it can be contested pursuant to the rules of Article 74.
Article 79. If not all the properties, which the deceased had owned at the time of his death, are included in the division, the non-divisioned properties shall be divided in accordance with the law, as far as the deceased has not otherwise ordered.
Article 80. The rules of Article 69, paragraph 3 shall apply to lifetime divisions through will.
Chapter Six
DONATION
Article 81 - 88. (Repealed, SG No. 275/1950). TRANSITIONAL PROVISIONS
Article 89. (1) The inheritance share of the descendants and wife in estates, opened for distribution after October 16, 1944, until the entry into force of this Act, shall be determined in accordance with the provisions of this Act.
(2) The court divisions of estates, in which the protocol of division has entered into binding force, as well as the voluntary divisions, shall remain in force. The interested heirs can, however, request the compensation of inheritance shares in cash.
Article 90. (1) The wills, made until the entry of this Act into force using the forms under the Succession Act in force until now, shall keep their effect.
(2) The provisions of Article 14 shall also apply to wills, made before the entry of this Act into force, where the estate has been opened for distribution thereafter.
Article 90a. (New, SG No. 60/1992, proclaimed unconstitutional by the Constitutional Court of the Republic of Bulgaria, as regards the section, envisaging that a will, drafted after inclusion in labour co-operative agricultural farms or other agricultural organisations, formed on their basis, of properties of co-operative members, the ownership of which is restituted under Article 10, paragraph 1 of OUALA, has no effect for these properties, SG No. 21/1996)
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A will or sale of inheritance, drafted or implemented after nationalisation or inclusion in labour co-operative agricultural farms or other agricultural organisations, formed on their basis, of properties, the ownership of which is restituted, shall have no effect for these properties.
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Article 91. The prescription term of Article 50, starting to run on the date of the entry into force of this Act, shall be also apply to estates, opened before that date.
Article 91a. (New, SG No. 60/1992) In the case of estates, including properties, taken by the state or made part of labour co-operative agricultural farms or other agricultural organisations formed on their basis, the ownership of which is restituted, waiver of succession made after nationalisation, or the inclusion of properties, shall have no effect with regard to them. They shall be considered estates newly opened for distribution within the meaning of Article 1 of this Act.
Article 92. With regard to estates opened for distribution before this Act has entered into force the period under Article 56 shall start running thereafter.
Article 93. The present Act shall enter into force three months after its promulgation in the State Gazette. PENAL CODE
(Promulgated, Transactions No. 12/1956)
Article 377
(Previous article 337, Transactions No. 12/1956)
Everywhere in laws the sentences of confinement in prison or solitary confinement in prison for a fixed period shall be replaced by the sentence of imprisonment for the same period and the sentence of detention with the sentence of corrective labour. Life confinement in prison shall be replaced by imprisonment for a period of 20 years. TRANSITIONAL PROVISION
to the Act on Amendment and Supplement of the Succession Act
(Promulgated, SG No. 60/1992)
§ 9. The revocation of the term for acceptance of succession under Article 50 repealed shall both refer to estates opened for distribution prior to the commencement of this Act, in respect of which no objections have been raised within the stipulated period, and to properties, the ownership of which is being restituted.
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