The Ministry of Justice (MoJ) is proposing more effective protection against property fraud, stricter rules for wills, real estate transactions, powers of attorney and the acquisition of property by prescription in a package of legislative changes published today for public discussion, the department announced.
Among the regulatory proposals are the introduction of publicity when announcing handwritten wills, a special ground for the nullity of testamentary dispositions in favor of managers and employees of medical institutions and homes for the elderly, new requirements for notaries and guarantees when issuing ascertaining notarial acts upon a factual examination.
The changes are part of a large-scale reform undertaken by the Ministry of Justice justice to combat fraud in property disposition transactions and testamentary dispositions. The bill was prepared by a working group with representatives of the Notary Chamber, the Supreme Bar Council, the Supreme Court of Cassation, the Prosecutor's Office and leading representatives of the legal community.
Amendments to the Inheritance Act introduce an obligation of publicity when announcing handwritten wills that have not been personally submitted by the testator for safekeeping with a notary. In these cases, the notary will publish a notice on the website of the Notary Chamber.
A special ground for the nullity of a testamentary disposition made by a person in a medical institution or in a residential care facility for the elderly, in favor of its manager, employee or a person related to them, is also introduced. An exception is provided for the spouse and a certain circle of relatives of the testator. A similar prohibition is also introduced for donations.
Amendments to the Civil Procedure Code also update the procedure for issuing a notarial deed of fact upon a factual examination. In addition to questioning three witnesses, the notary will collect written evidence of the possession and its duration. The applicant is also expected to appear in person before the notary to confirm the circumstances stated by him.
The start of the factual examination will be announced on the website and on the bulletin board of the relevant municipality, region or city hall.
It is also envisaged to register older property documents that were not subject to registration at the time of their issuance - mainly contracts for transactions with the state or municipality and acts of state or municipal property. This will eliminate the need for citizens to obtain a notarial deed of fact solely for the purpose of registration and will support the development of the property register. More responsibilities for notaries are set out in the Notaries and Notarial Activities Act.
When disposing of real estate, the notary will be obliged to carry out a check at the relevant registry office to establish whether the person actually has the right to dispose of the property.
A possibility is also introduced for a legally capable citizen to designate a trusted person of his own free will, without whose consent he cannot carry out previously specified acts of disposal with his property or assume certain obligations. The restriction will be entered in the relevant register and in the electronic personal registration card.
At the end of last month, the director of the Sofia Directorate of Internal Affairs (SDVR), Chief Commissioner Nikolay Peltekov, representatives of the leadership of the Sofia District Prosecutor's Office, the chairman and members of the Council of Notaries at the Notary Chamber, as well as the Sofia Municipal Councilor Dimitar Shalafov held a working meeting dedicated to the creation of a more effective mechanism for early detection and prevention of property fraud.