За уголемяването на дяловете при наследяването по завещание
On the Increase of Shares in Testate Succession

Summary/Abstract: According to the prevailing view in modern Bulgarian legal doctrine, the waiver of succession made by an heir does not increase the shares of the testamentary co-heirs, rather, this share is thought to benefit the heirs-at-law. The defenders of this view argue that Article 53 of the Bulgarian Inheritance Act, which provides for the increase of shares when a waiver is made, should apply solely in cases of intestate (but not testate) succession. In this article I attempt to provide arguments supporting the opposite conclusion, precisely, that an heir’s waiver increases the shares of the other testamentary heirs. Moreover, it can be argued, that the same is true in all cases when a testamentary disposition – both general and partial – cannot become effective as a result of a waiver of succession, or of the death of a co-heir or co-legatee, preceding the testator’s death, as well as when a co-heir or co-legatee proves unworthy of succession.

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