Restoration of a Reserved Share of an Estate in Bulgaria

Under Article 31 of the Bulgarian Inheritance Act, the disposable portion of the estate and the reserved share of an heir are determined by forming a notional estate consisting of all property owned by the deceased at the time of death. Debts and the increase under Article 12(2) are deducted, after which gifts are added, except for customary gifts.

Under Article 36 of the Inheritance Act, restoration of a reserved share is carried out in kind by separating an individual property, where more than one property has been bequeathed or donated to one person, or by separating part of a property. Where separation is impossible, a legatee or donee who is not an heir entitled to a reserved share may retain the property under Article 36(1), while an heir or donee who is entitled to a reserved share may do so under Article 36(2).

Established case law holds that Article 36 applies only where all heirs entitled to a reserved share have requested restoration and do not already own a share in the property on another independent legal ground. The purpose is to allow the donee or legatee to retain the property and avoid co-ownership with the heir whose reserved share is being restored, and consequently avoid partition. Where that heir already owns an ideal share in the donated or bequeathed property on an independent ground, this purpose cannot be achieved and the donee may not retain the property under that provision. This interpretation is reflected, among others, in Supreme Court of Cassation judgments No. 25 of 7 March 2014, No. 104 of 24 June 2015, and No. 37 of 4 April 2018.

This article is general information and is not legal advice concerning a specific person or situation. Legal assistance in a similar matter requires consultation with a lawyer practising civil, family, and succession law.