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The reserved share of the estate represents a legally guaranteed minimum portion of the estate that the law reserves for a specific circle of heirs, regardless of the will of the deceased. This legal institution is regulated in Articles 28\u201336 of the Inheritance Act and aims to protect the closest relatives from being completely deprived of inheritance through testamentary dispositions or donations.<\/p>\n
Upon the opening of the succession, heirs entitled to a reserved share \u2013 descendants, parents, and the surviving spouse \u2013 acquire the right to a minimum portion which cannot be infringed by the dispositions of the deceased. Pursuant to Article 28 of the Inheritance Act, the reserved share constitutes a specific fractional part of the estate, varying depending on the number and category of heirs.<\/p>\n
The amount of the reserved share is regulated in Article 29 of the Inheritance Act. When the deceased leaves descendants, their reserved share is one-half of the estate if there is one child, and two-thirds if there are two or more children. Where a spouse and children survive, the reserved share is determined proportionally. If the deceased leaves no descendants but leaves parents, they are entitled to one-third of the estate, while the surviving spouse receives a share in accordance with statutory provisions.<\/p>\n
The disposable portion is that part of the estate which the deceased may freely dispose of through wills and donations. When such dispositions infringe upon the reserved share, the law provides protection through an action for reduction of testamentary dispositions and donations under Articles 30\u201332 of the Inheritance Act.<\/p>\n
The right to claim restoration of the reserved share belongs exclusively to heirs entitled to such share. The action has a constitutive character and aims to reduce testamentary dispositions and donations to the extent necessary to restore the infringed portion. According to Article 32 of the Inheritance Act, reduction begins with wills and then proceeds to donations, observing the reverse chronological order of their execution.<\/p>\n
Proceedings for reduction are conducted under the general claim procedure pursuant to the Civil Procedure Code. In the course of the proceedings, the court must determine the value of the estate, calculate the reserved and disposable portions, and establish whether and to what extent infringement has occurred.<\/p>\n
Particular importance is attached to Article 31 of the Inheritance Act, which provides that in determining the reserved share, the estate mass includes not only the property existing at the time of death but also the value of donations made by the deceased during his or her lifetime. This mechanism prevents circumvention of the law through inter vivos transfers of property.<\/p>\n
An heir entitled to a reserved share who does not bring an action for reduction does not automatically lose his or her status as heir but remains bound by the dispositions made. The right to bring such action is subject to limitation periods in accordance with the general rules of the Obligations and Contracts Act.<\/p>\n
The reserved share represents a balance between testamentary freedom and the protection of the family as a social value. The legislator imposes limitations on the autonomy of the deceased\u2019s will in light of the principle of family solidarity.<\/p>\n
In conclusion, the institution of the reserved share performs a protective function in inheritance law by guaranteeing minimum financial security to the closest heirs. Its application requires precise calculation of the estate mass, careful analysis of the donations and wills made, and strict observance of procedural rules.<\/p>\n
If you or a relative are facing a similar situation, it is advisable to consult a lawyer specialising in inheritance law who can provide legal advice and representation before the court. This article does not constitute a legal opinion or legal advice from Attorney Mihail Tomov, nor is it related to a specific case or subject. For legal assistance in matters related to inheritance or any other inheritance law issues, a legal consultation with a lawyer should be conducted.<\/p>\n