Restoring the reserved share of an estate

Under Article 31 of the Bulgarian Succession Act, the portion of the estate freely disposable by the deceased and the heir’s reserved share are calculated by first bringing together all property owned by the deceased at death. Debts and the increase referred to in Article 12(2) of the same Act are deducted. Gifts, other than customary gifts, are then added back.

Under Article 36 the reserved share is restored in kind by setting aside a property (if several properties were left or given to the same person) or part of a property. If physical separation is impossible, a legatee or donee who is not entitled to a reserved share may retain the property on the terms of Article 36(1); a beneficiary entitled to a reserved share may do so on the terms of Article 36(2). According to settled case law, Article 36 applies only if all heirs entitled to a reserved share have sought its restoration and do not already own a share of the property on a separate legal basis. The provision allows the donee or legatee to keep the property, avoiding co-ownership with the heir claiming the reserved share and hence the need for partition. If that heir already owns an undivided share of the property under a separate title, this purpose cannot be achieved. The provision cannot then be applied to allow the donee to retain the donated property (Supreme Court of Cassation: Judgment No. 25 of 7 March 2014, civil case No. 4215/2013; Judgment No. 104 of 24 June 2015, civil case No. 5871/2014; Judgment No. 37 of 4 April 2018, civil case No. 1836/2017).

This article is not a legal opinion or advice on any particular situation or person. For assistance in a similar case, consult a civil lawyer specialising in family and succession law.