The legal regime is defined in the Inheritance Act. Art. part, after set-off made in his favor testaments and donations with the exception of the usual gifts.In the case law and theory, there is no dispute that the expression - properties in Art. 31 of the Inheritance Act takes into account all valuable assets - real estate and movables, funds, shares, receivables, shares in companies - "In order to determine the available part and the amount of the reserved part of the heir, a mass of all properties that belonged to the testator at the time of his death,subtracting the obligations and the increase of the inheritance under Art. 12, para. 2.Donations shall then be added to it, with the exception of the usual donations according to their position at the time of the gift and their value at the time of the opening of the inheritance for the immovable property and at the time of the gift for the movable property. "
The same is the definition in the norm of art. 33 of the Inheritance Act, the word property is used, insofar as all these property rights canbe the subject of wills. Similarly, property in Art. 34 of the Inheritance Act “When several properties are bequeathed or donated to one person, the reduction is made at the choice of that person. If he does not make a choice within the term given to him by the court, he shall proceed by the order of art. 32-33" . In order to differentiate the hypotheses depending on the type of the properties, the legislator explicitly uses the phrase real estate, as in art. 36 and Art. 37 IA.On this basis, our case law stipulates that if a testator, to whom various properties are bequeathed, exercises the right to choose under Art. 34 of the Inheritance Act and the conditions of art. 36, para. 1 of the Inheritance Act for retention of real estate (s), the restoration of the reserved part should be done by revoking the testament to the property,which the testator does not wish to retain, whether in respect of movable or immovable property, receivables or rights to shares or stocks from companies, and if their value is not sufficient to restore the reserved part, the testator or gifted person shall reimburse the heir with reserved part for the difference in money.
In Decision № 89 of 02.11.2020 on the case file № 885/2020 it is assumed that the reserved part and the available part constitute monetary values.
The reserved part is the right of the heir to receive from the inheritance property of a certain value.The value is determined at the moment of opening the inheritance from the value of the remaining monetary assets from which the liabilities are deducted and the value of all wills or donations made by the testator is added and by applying to the thus obtained monetary sum of the mathematical fraction,determined in accordance with the rules of Art. 29 of the Inheritance Act - The reserved part of descendants (including adopted ones), when the heir has not left a spouse, is: for one child or descendants of him - 1/2, and for two or more children or descendants of them - 2 / 3 of the property of the testator;The reserved part of the parents or only of the surviving of them is 1/3, the reserved part of the spouse is 1/2 when he inherits alone, and 1/3 when the heir has also left parents. When the heir has left descendants and a husband, the reserved part of the spouse is equal to the reserved part of each child.In these cases the available part for one child is equal to 1/3, for two children it is equal to 1/4, and for threeand more children it is equal to 1/6 of the inheritance.
When there is no property left in the inheritance, the value of which is higher or equal to the value of the reserved part of the respective heir, then his reserved part is damaged.The value of the damage is the difference between the value of the reserved part and the value of the remaining in the inheritance and the monetary assets received by the heir, from which the liabilities are deducted - net asset.
When in the application of art. 36 of the Inheritance Act, there are prerequisites for the beneficiary to keep real estate (s), then the same should pay the heir the value of the damage, but according to the price during the reduction.
In the event of a legal fact - the death of the testator and the right to inherit, you should contact a lawyer to help you find out if your reserved part has been damaged and what steps to take.
The lawyer has theoretical and practical knowledge and skills that allow him to quickly and accurately assess this matter, which has its own specifics.
Arabadjiev Law Firm will help you protect your rights.