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SOLVIT, issue of inheritance certificate

8 April 2024

Exclusion of liability
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An Italian citizen turned to SOLVIT together with her brother, of Bulgarian citizenship, for a problem related to succession practices. Both are the children of an Italian citizen who died in Sofia, Bulgaria, where he was a permanent resident.

After the death of their father, the applicants needed to obtain the certificate of inheritance from the Bulgarian administration, the official document confirming the right to inheritance of the beneficiaries. But the Bulgarian authorities have always refused to release him because of the Italian nationality of the deceased. The issue of this certificate is the responsibility of the country where the deceased person is resident.

The Italian embassy in Sofia, to which the heirs turned, also denied its competence to issue the certificate.

The conduct of the Bulgarian administration is in direct contradiction with the fundamental principle of non-discrimination enshrined in Article 18 of the Treaty on the Functioning of the European Union and Article 21 of the Charter of Fundamental Rights of the European Union.

After SOLVIT's intervention, the competent Bulgarian administration immediately issued the certificate requested by the heirs, allowing them to define succession practices both in Italy and Bulgaria, without having to resort to the judicial authority with the consequent large economic disbursement.

SOLVIT
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