Wills: Types and Legal Requirements

Private Clients Insights, Wills, Probate and Inheritance

Wills are a core tool in succession planning. Below is a structured overview of their legal requirements, followed by an analysis of their main advantages and disadvantages.

What is a will?

A will (often called a last will and testament) is a formal legal document by which a person (the testator) determines how their assets should be distributed after death. It usually also designates who will administer the estate and, in some systems, who will act as guardian of minor children.

Types of wills and legal requirements

Bulgaria recognises two principal forms of wills, each with specific formal requirements and practical implications. Both are governed mainly by the Inheritance Act (Закон за наследството).

Before looking at the types, a few points apply to any Bulgarian will:

• The will is a strictly personal act: it cannot be made by a representative or jointly with another person (no “joint” or “mutual” wills).
• The testator must be at least 18 and capable of acting “reasonably” (дееспособен), i.e. not under full or partial guardianship.
• The will is always revocable during the testator’s lifetime; it grants rights but does not impose obligations on heirs.
• The testator may dispose of all or part of their estate, but such a disposition may be reduced or revoked by protected intestate successors who are entitled and been infringed of their “reserved portion” (запазена част).

If statutory form or capacity requirements are not met, the will (or part of it) is null under s. 42 Inheritance Act.​

Bulgarian law recognises two main forms:

• Handwritten (holographic) will (саморъчно завещание)
• Notary certified will (нотариално завещание)

There are no valid oral wills and no “home‑made” typed wills – any such document is void as a will, though it might be evidence of intention in a dispute.

Handwritten (holographic) wills

A handwritten will is entirely written by the testator personally, dated and signed, without involvement of a notary at the moment of making.

It is popular because it is inexpensive and easy to create, but it is also very formal: even small deviations from statutory requirements can lead to nullity.

Legal requirements

Key requirements are mainly in s. 25 of the Inheritance Act:

Entirely handwritten

• The text must be written by the testator’s own hand from start to finish.
• Use of a computer, typewriter or another person’s handwriting (even under dictation) makes it invalid as a will.
• It may be written in Bulgarian or another language, as long as it is understandable.​

Dated

• The will must bear a complete handwritten date: day, month and year.
• The date may appear anywhere in the text except under the signature; the later date is decisive if drafting spans multiple days.​

Execution

• The testator must sign personally, immediately under the dispositions.
• In practice, courts and commentators insist on the name/signature appearing under the text, not elsewhere in the document.

Capacity and voluntariness

• Only persons who can write and are not illiterate, and who are not under guardianship, may make a handwritten will.
• It must reflect the testator’s free will; coercion, fraud or lack of capacity can ground challenges.

No witnesses required at the time of making

• Unlike the notary certified will, no witnesses are required when the will is written.​

If any of the above conditions is missing (e.g. typed text, missing date, signature not under the text), the will is null for lack of form.

Safekeeping, registration and disclosure of handwritten wills

Once executed, the handwritten will may be kept by the testator personally (e.g. at home, in a safe), by a trusted third party (relative, lawyer, etc.) or deposited with a notary in a sealed envelope.

If the handwritten will is deposited with a notary, the notary records the deposit in a special register. In this regard, the registration with the Central Register of Wills is compulsory for wills lodged with a notary, and for sealed/holographic wills that are formally deposited.

After death, any person holding the handwritten will is obliged to present it to a notary for its disclosure. The notary prepares up a protocol describing the condition, unsealing and content, which is then attached to the announced will.

Pros of using handwritten wills

• Simple and fast: Can be drafted by the testator alone at any time and place, without notary appointments or witnesses.
• Low immediate cost: No notary fee is required for drafting (only later costs for announcement/registration, if any).
• Privacy and flexibility: Can remain entirely private, can be easily changed or revoked by writing a new will or destroying the old one.
• Deposit option: May be deposited with a notary, bank or trusted person, and later formally announced by a notary after death.

Cons of using handwritten wills

• Strict formal requirements and high nullity risk: Must be entirely handwritten, dated and personally signed; use of computer/typing, dictation to a third person, missing date or signature can render it null.
• Capacity and literacy limitations: Illiterate persons or those unable to write cannot use this form; they must resort to a notary certified will.
• Risk if it is lost, destroyed or never produced: If kept at home or with a private person, it may not be found or disclosed after death, which effectively defeats the dispositions.
• Greater litigation risk: More prone to challenges (authenticity, date, capacity, undue influence, interpretation), as there is no notary’s record of the declaration.
• Additional post‑mortem formalities: To be effective, it must be presented to a notary, disclosed and recorded; this is a separate step that heirs or custodians must initiate.

Notary certified wills

A notary certified will (нотариално завещание), is prepared and executed before a Bulgarian notary in a formal procedure, in the presence of two witnesses. It offers higher evidential security and less risk of loss or formal invalidity.

Legal requirements

The main elements stem from s. 24 Inheritance Act and the Civil Procedure Code on notary acts and are as follows:

Appearance before a notary

• The testator personally appears before a notary with territorial competence.
• Representation is not allowed; the testator must act in person.

Presence of two witnesses

• Two witnesses with full legal capacity must be present throughout the act.
• The witnesses must not fall within categories disqualified from witnessing (e.g. minors, persons under guardianship, some interested parties).

Oral declaration of last will

• The testator orally declares their last will before the notary and witnesses.
• The notary records the declaration in writing, drafting the text of the will.

Oral declaration of last will

• The testator orally declares their last will before the notary and witnesses.
• The notary records the declaration in writing, drafting the text of the will.

Reading and approval

• The notary reads the drafted will aloud to the testator and witnesses.
• The testator confirms that the text reflects their will; any changes are made before signature.

Execution

• The will is signed by the testator, both witnesses and the notary.
• If the testator cannot sign (illiterate or physically unable), special rules apply (e.g. use of a fingerprint and notation by the notary), and the notary form is mandatory in practice.

Specification of date and place of execution

• The notary must state the date and place of execution in the text and protocol.

The notary ensures compliance with form, checks capacity (to a practical extent), and keeps a record, which significantly reduces the risk of the will being later found invalid for formal defects.

Registration, safekeeping and disclosure

The notary certified wills are recorded in the notary’s register and are subject to compulsory registration in the Central Register of Wills. The original of the will is usually kept by the notary and information on its existence can be searched after the testator’s death via the Register of Wills, ensuring it is not “lost” or suppressed.

There is no need for a separate “disclosure” procedure comparable to that for handwritten wills deposited with private persons, since the notary already has the original and protocol.

Pros of using notary certified wills

• Higher legal certainty and evidentiary weight: Drawn up by a notary in the presence of two witnesses, with the testator dictating the content; the notary deed carries strong evidentiary value and reduces grounds for formal invalidity.
• Protection of vulnerable testators: Suitable (and in practice necessary) for illiterate or physically disabled persons who cannot write themselves, as the will is recorded by the notary.
• Reduced risk of loss and easier tracing: Kept in the notary’s archive and registered with the Registry Agency and the central wills register, which can be searched electronically.
• Immediate “publication”: There is no separate announcement procedure after death; heirs can obtain certified copies and rely on the notary deed directly, especially for real estate registration.
• Lower litigation risk: The presence of a notary and witnesses, plus formal reading and signing, makes it harder to challenge forgery or formal defects (disputes focus more on capacity or reserved shares).

Cons of using notary certified wills

• Higher upfront cost: Involves notary fees (and often legal fees for advice/drafting), which can be significant for complex estates or high‑value real estate.
• Less spontaneity and flexibility: Requires scheduling with a notary and appearance in person with witnesses; amendments typically require a new notary certified will or revocation.
• Lower confidentiality vis‑à‑vis participants: At minimum the notary and two witnesses are aware of the act’s existence, and basic data are recorded in official registers.
• Formalities may be burdensome for persons abroad: Bulgarian citizens or foreign testators with Bulgarian assets must appear before a Bulgarian notary (or use equivalent authentic forms abroad), which may be less convenient than writing a holographic will.

Conclusion

A well‑structured will remains an essential instrument of succession planning under Bulgarian law, but its usefulness depends heavily on choosing the appropriate form and complying strictly with formal requirements. Regardless of type, the will is a personal, revocable disposition that must respect the reserved portions of protected heirs, who can later seek judicial reduction if their statutory share is infringed.

Handwritten wills offer simplicity, low upfront cost and high confidentiality, yet are very vulnerable to formal defects, loss and post‑mortem disputes, so they are best suited to relatively simple estates and testators who can reliably observe the statutory formalities and ensure secure storage and eventual disclosure.

Notary certified wills, in turn, provide stronger evidential value, better protection for vulnerable or illiterate testators and a significantly reduced risk of loss or invalidity, at the price of higher cost, lower spontaneity and reduced privacy vis‑à‑vis the notary and witnesses.

In practice, careful estate planning will often combine legal advice with a conscious choice between (or sequencing of) handwritten and notary certified wills, so that the testator’s wishes are clearly expressed and realistically enforceable against the background of Bulgarian forced‑heirship rules and potential family conflict.