Civil Code > TITLE V. SUCCESSIONS 1

TITLE V. SUCCESSIONS

Chapter. 1. Devolution of Successions

Section 1. General Provisions

Paragraph 1.- Opening of succession and things making up a successions

Art. 826.- Opening of succession.

(1) Where a person dies, the succession of such person, called the deceased, shall open at the place where he had his principal residence at the time of his death.

(2) The rights and obligations of the deceased which form the inheritance shall pas to his heirs and legatees, in accordance with the provisions of this Title, unless such rights and obligations terminate by the death of the deceased.

Art. 827.- Things making up inheristance.-1. Life insurances.

(1) Monies due in performance of a contract of life insurance to which the deceased was a party, shall form part of the inheritance where the deceased has not determined the beneficiary or the insurance is made to the benefit of the heirs of the deceased without any other indication.

(2) In other cases, they shall not form part of the inheritance.

Art. 828.- 2. Pensions and indemnities.

Pensions or indemnities payable to the relatives or to the spouses of the deceased as a consequence of his death shall not form part of the inheritance.

Art. 829.- Different kinds of successions.

(1) The succession of the deceased may be either in testate or testate.

(2) It may be partly intestate and partly testate.

(3) The property of which the deceased has not disposed by will shall devolve upon his heirs-at-law.

Paragraph2. Capacity to Succeed

Art. 830.- Conditions required for succeeding.

A person may not succeed the deceased unless he survives him and he is not unworthy of succeeding him.

Art. 831.- Survival of heir to the deceased.

(1) The proof that a person exists on the day of the death of the deceased shall be made in accordance with the provisions of the Title of this Code relating to “Physical Persons” (Art. 47-153).

(2) The provisions of the same Title shall apply as regards the consequences of absence (Art. 154-173).

(3) Nothing in this Article shall affect the provisions relating to representation in successions.

Art. 832.- Persons dying simultaneously.

Where two or more persons are dead and it is not possible to prove which of such persons survived the other, the succession of each one of such persons survived the other, the succession of each one of such persons shall be regulated as if he had been the last survivor with out, however, receiving anything from the succession of the other persons.

Art. 833.- Death of heir.

Where a person who is called to a succession dies after such succession has opened, his rights relating to the succession shall pass to his heirs.

Art. 834.- Child merely conceived.

A child who is merely conceived may be called to a succession as provided in the Title of the Code relating to “Physical Persons” (Art. 2-4)

Art. 835.- Bodies corporate.

The capacity of bodies corporate and of property with a specific destination to receive legacies shall be as provided in the Title of this Code relating to “Bodies Corporate and Property with a Specific Destination’

(Art. 394.-402, 456 and 501).

Art. 836.- State of legitimate, illegitimate or adopted child.

(1) The legitimacy or illegitimacy of the deceased or of the heir shall not affect the ascertainment of the heirs or the value of the portion of each of them.

(2) Without prejudice to the provisions of Art. 557 of this Code, adopted children shall be assimilated to the other children.

Art. 837.- Sex, age, nationality of heir.

The sex, age and nationality of the heir shall not affect in any way the ascertainment of his rights to the secession.

Art. 838.- Unworthiness, – 1. Crimes or condemnations

Any person who has been sentence for:

(a) having internationally caused the death of the deceased or the death of a descendant, ascendant or spouse of the deceased; or

(b) having attempted to kill any one of such persons; or

(c) having made a false accusation or testimony which might have entailed the condemnation of any one of such persons to capital punishment or rigorous imprisonment for more than ten years, shall lose his capacity to succeed the deceased an unworthy.

Art. 839.- 2. Explanation.

The loss of capacity provide in Art. 838 shall not take place where the crime or attempted crime has been committed by the person called to the succession after the death of the deceased.

Art. 840.- 3. Other causes.

Whosoever:

(a) by taking advantage of the physical state of the deceased, has, within three months prior to the death of the latter, prevented him from making, modifying or revoking his will; or

(b) has intentionally destroyed, caused to disappear or altered the last will of the deceased, without the consent of the latter, or has availed himself of a false will knowing it to be such,

shall lose his capacity to succeed the deceased as unworthy.

Art. 841.- 4. Pardon by deceased.

(1) The loss of capacity provided in Art. 838 and 840 shall not take place where the deceased has expressly stated in a will that he pardoned his heir.

(2) Nor shall it take place with regard to a legacy, where the legacy has been ordered by the deceased, with full knowledge of the circumstances, after the happening of the event giving rise to unworthiness.

Section 2. In testate Successions

Art. 842.- First relationship.

(1) The children of the deceased shall be the first to be called, to his succession.

(2) Each of them shall receive an equal portion of the succession,

(3) Where the children, or one of the children of the deceased are dead and are survived by descendants, they shall be represented in the successions by such descendants.

Art. 843.- Second relationship . – 1. Principle.

Where the deceased is not survived b descendants, his father and mother shall be called to his succession.

Art. 844.- 2. Application.

(1) Each of them shall receive a moiety of the inheritance.

(2) The predeceased father and mother shall be represented by the children or other descendants.

(3) In default of an heir in one of the lines, all the inheritance shall devolve upon the heirs of the other line.

Art. 845.-Third relationship. – 1. Principle.

(1) Where the deceased is not survived either by descendants or by his father or mother or their descendants, his grandparents shall be called to his succession.

(2) The grandparents of the paternal line or their descendants shall be entitled to a moiety of the inheritance, and the grandparents of the maternal line or their descendants shall be entitled to the other moiety.

Art. 846.- 2. Devolution upon another line.

(1) Where a grandparent of the paternal or maternal line dies without descendants, his portion shall devolve upon the heirs of the same line.

(2) Where the grandparents of one line die without descendants, the whole succession shall devolve upon the heirs of the other line.

Art. 847.- Fourth relationship. -1. Principle.

In default of heirs of the third relationship, the great-grandparents of the deceased shall be called to the succession.

Art. 848.- 2. Applications.

(1) The great-grandparents of the paternal line or their descendants shall be entitled to a moiety of the inheritance and the great grandparents of the maternal line or their descendants shall be entitled to the other moiety.

(2) Without prejudice to the provisions of sub-art. (1), each of the surviving great grandparent or his descendants capable of representing him shall receive an equal portion of the succession.

Art. 849.- Rule “paterna paternis maternal maternis”- (1) Principle.

(1) The application of the preceding Articles shall never have the effect that immovable property deriving by way of succession or donation from the paternal line of the deceased be assigned in full ownership to the heirs of the maternal line.

(2) Nor shall it have the effect that immovable property deriving by way of succession or donation from property deriving by way of succession or donation from the maternal line of the deceased be assigned in full ownership to the heirs of the paternal line.

(3) The rules laid down in sub-articles (1) and (2) shall apply up to the second degree so that immovable property deriving by donation or succession from the grandparental line be not assigned to an heir of the grand maternal line and vice-versa.

Art. 850.- 2. Application.

(1) Where by reason of the provision of Art. 849, an heir can not receive the portion which derives to him from the succession, a mere right of usufruct on the immovable property which he can not receive in full ownership shall be assigned to such heir.

(2) No compensation shall be due to the heir whose rights have been no reduced.

Art. 851.- 3. Restriction.

The rule paterna paternis maternal maternis shall not apply where there are heirs only in the paternal or maternal line or in the grand paternal or grand maternal line.

Art. 852.- Devolution upon the State.

In default of relatives, the inheritance of the deceased shall devolve upon the state.

Art. 853.- Representation. -1. Principle.

(1) Where representation takes place, the partition shall be made “perstirpes”.

(2) The children of the person represented shall take his place and exercise his rights relating to the succession.

(3) Where one or more children of the person represented are dead, they shall themselves be represented according to the same principles.

Art. 854.- 2. Renunciation to a succession.

(1) Representation shall not take place where a person who is called to a succession has renounced it.

(2) The person whose succession has been renounced may be represented.

Art. 855.-3. Unworthiness.

The children or other descendants of a person who is unworthy may not represent him in the succession of the deceased.

Art. 856.-4. Bond of legal relationship necessary.

Representation shall not take place where, in terms of the law, there is no bond of relationship between the persons who claim to have the right of representation and the de4ceased.

Section 3. Wills

Paragraph 1.- Conditions fro the validity of wills

A. Essential Conditions

Art. 857.- Strictly personal nature.

(1) A will is an act which is strictly personal to the deceased.

(2) Any agreement whereby a person grants to another person who power to make, modify or revoke a will on his behalf shall be of no effect.

(3) A person may not entrust a third person with the task of determining how and on whom his succession is to devolve.

Art. 858.- Prohibition of joint wills.

Where several persons make their will by one and the same instrument, such instrument shall be of no effect.

Art. 859.- Undertaking relating to wills.

(1) Any undertaking whereby any person binds himself to do, modify or revoke a will shall be of no effect.

(2) Notwithstanding any stipulation to the contrary, a will may at an time be modified or revoked by the testator.

Art. 860.- Capacity.-1. Minors.

The conditions on which a minor may make a will are laid down in the Title of this Code relating to “Capacity of Persons” (Art. 308).

Art. 861.- 2. Judicially interdicted persons.

The conditions on which a judicially interdicted person may make a will are laid down in the Title of this Code relating to “Capacity of Persons” (Art. 368).

Art. 862.- 3. Power of the court.

(1) The court may maintain in whole or in part the effect of the provisions contained in such wills there it is of opinion that such provisions were not influenced by the state of health of the testator.

(2) No legacy may be thus maintained din effect for a value of more than ten thousand Ethiopian dollars.

(3) The heirs-at-law of the interdicted person shall in any case receive at least three-fourths of the succession.

Art. 863.- 4. Insanity .

A will may not be invalidated unless the testator was notoriously insane at the time when he made the will.

Art. 864.- 5. Legally interdicted persons.

A legally interdicted person shall be under no disability as regards the making of a will.

Art. 865.- Execution impossible.

A testamentary provisions which fails to specify in a sufficiently clear manner its beneficiary or its object shall be of no effect.

Art. 866.- Illicit provisions.

(1) A provision contained in a will shall be of no effect where its object is contrary to the law or morality.

(2) A provision in a will shall be of no effect where it can not be enforced.

Art. 867.- Violence.

(1) A provision contained in a will shall be of no effect where it has been made by the testator under the influence of violence.

(2) In such case, the provisions of this Code relating to the annulment of contracts on the ground of violence shall apply by analogy (Art. 1706-1709 and 1808-1818).

Art. 868.- Undue influence. 1. Principle.

A provisions contained in a will may not be invalidated by alleging an excessive influence which the beneficiary of such provisions or any other person had on the testator.

Art. 869.- 2. Provisions in favour of guardian or tutor.

(1) The court may reduce or invalidate a testamentary provision, made by the testator in favour of his guardian or tutor.

(2) The provisions of sub-art. (1) shall not apply unless the testator dies before he attains the age of twenty years.

(3) The provisions of sub-art. (1) shall not apply where the beneficiary of the testamentary provision is an ascendant of the testator.

Art. 870.- 3. Physicians and Clergymen.

(1) The court may reduce or invalidate a testamentary provision made by the testator within six months preceding his death, in favour of a physician or any other person who has professionally bestowed on him bodily care or spiritual assistance.

(2) For the purpose of sub-art. (1), the word “physician” means any person who even illegally has prescribed or applied a medical treatment to the testator.

(3) The provisions of this article shall not apply where the beneficiary of the testamentary provisions is a relative by consanguinity or affinity or the spouse of the testator.

Art. 871.- 4. Notary or witness of will.

The court may reduce or invalidate a testamentary provision made by the testator in favour of a notary, registrar, witness or interpreter who has taken part in the making of the will.

Art. 872. 5. Spouse of testator.

The court may reduce or invalidate a testamentary provision made by the testator in favour of his or her spouse, where the testator is survived by descendants who are not also the descendants of the spouse.

Arr. 873.- 6. Intermediaries.

The court may reduce or invalidate a testamentary provision made in favour of a defendant, ascendant or spouse of any of the person mentioned in the preceding articles.

Art. 874.- 7. Application for reduction or invalidation.

(1) Where a testamentary provision is made in favour of the spouse of the testator, its reduction or invalidation may be required from the court only by the descendants of the testator.

(2) In other cases, the request may be made by the descendants, ascendants or spouse of the testator and by no other heir.

(3) The request for reduction or invalidation shall be barred where it is not made within three months following an application by the beneficiary of the provision for the exaction of the will.

Art. 875.- 8. Court to give reasoned decision.

The court shall give in its judgment the reasons why it deems it equitable to invalidate or reduce a testamentary provision made by the testator.

Art. 876.- Fraud.

The provisions contained in a will may not be invalidated on the ground of fraud by alleging that the beneficiary used unfair maneuvers to gain the testator’s favour.

Art. 877.- Error.

(1) In the case of error, the provisions of this Code relating to the invalidation of contracts on the ground of error shall apply by analogy (Art. 1697-1705 and 1808-1818).

(2) A provision contained in a will may not be invalidated on such ground unless the error which was committed by the testator and influences his mind in a decisive manner results from the contents of the will it self, or form a written document to which the will makes reference.

Art. 878.- Effect of nullity of a provision.

The nullity of a provision contained in a will shall not entail the nullity of other provisions contained in the same will, unless it appears in a clear manner that there existed in the mind of the testator a necessary connection between the execution of the provision which is null and that of other provisions.

Art. 879.- Nullity of conditions of burdens.

(1) Where a testator has made a legacy to depend on a condition or has imposed a burden on a legacy, such condition or burden shall be deemed not to have been attached or imposed where it is impossible or contrary to the law or morality.

(2) In such case, the legacy shall not be null, notwithstanding that the consideration of the condition or burden induced the testator to make the disposition.

B. Form and Proof of Wills

Art. 880.- Various kinds of wills

There are three kinds of wills:

(a) public wills; and

(b) holograph wills; and

Art. 881.- Public will. -1. Form

(1) A public will shall be written by the testator himself or by any person under the dictation of the testator.

(2) It shall be of no effect unless it is read in the presence of the testator and of four witnesses, and mention of the fulfillment of this formality and of its date is made therein.

(3) It shall be of no effect unless the testator and the witnesses immediately sign the will or affix their thumb mark thereon.

Art. 882.- 2. Number of witness.

A public will shall be valid where it is made in the presence of two witnesses one of whom is a registrar or a notary acting in the discharge of his duties.

Art. 883.- 3. Capacity of witnesses.

(1) The witnesses to a public will shall themselves be able to read or to hear what is read and to understand the language in which the will is drawn up.

(2) The will shall be of no effect where such requirements are not fulfilled.

Art. 884.- Holograph will. -1. Form.

(1) A holograph will shall be of no effect unless it is wholly written by the testator him self.

(2) It shall be of no effect unless it says in an explicit manner that it is a will.

(3) It shall be of no effect unless each of the leaves which make it up is dated and signed by the testator.

Art. 885.- 2. Typewritten will.

A holograph will typewritten by the testator shall be of no effect unless it hears on each of its leaves a handwritten indication of such fact.

Art. 886.- 3. Testator unable to understand the will.

A holograph will shall be of no effect where it appears that the testators, being illiterate or not knowing the language in which the will is drawn being illiterate or not knowing the language in which the will is drawn up, has reproduced graphic symbols without understanding their meaning.

Art. 887.- Date of will.

(1) A public or holograph will shall be of no effect where it does not show the day, month and year on which it is made or does not contain other indications to the same effect.

(2) The falseness of the date shown on the instrument shall not entail the nullity of the will where it is evident that it is due to a mere inadvertence and the true date of the will can be established with sufficient accuracy by the aid of indications taken sown from the will itself and from other written documents emanating from the testator.

Art. 888.- Will “per relationem”.

A public or holograph will shall be of no effect where it can not be under stood unless it be supplemented by documents which have not been written and signed by the testator.

Art. 889.- Erasures, cancellations and words written over.

(1) A public or holograph will shall be of no effect where it contains erasures, cancellations or words written over others which may modify the will of the testator.

(2) No nullity shall follow where the erasures, cancellations or words written over others have been approved in an explicit manner by a note signed by the testator and in the case of a pubic will, by the witnesses.

Art. 890.- Additions.

(1) The provisions of Art. 889 shall apply where a public will contains additions in the margin or between the lines thereof or after the signatures of the witnesses.

(2) A holograph will shall be not vitiated by such additions.

Art. 891.- Deposit of wills.

(1) A public or holograph will may be deposited with a third party, in particular a notary or in a court registry.

(2) A register, showing in alphabetical order the names of the person whose wills have been so deposited, shall be kept by each notary and in each court registry.

(3) An indication shall be made in the register of the date when the deposit of the will has taken place.

Art. 892.- Oral will.- 1. Form.

An oral will is that whereby a person who feels that his death is imminent declares verbally the dispositions of his last will to two witnesses.

Art. 893.- 2. Contents.

By means of an oral will, a testator ma only:

(a) give directives regarding his funeral;

(b) make dispositions for particular legacies the amount of each of which may not exceed five hundred Ethiopian dollars;

Art. 894.- 3. Sanctions.

(1) Any other disposition made by an oral will shall be of no effect.

(2) Legacies exceeding five hundred Ethiopian dollars ordered by an oral will shall be reduced to that amount.

Art. 895.- More than one will.

(1) Testamentary provisions made by a person may be contained in one or more wills.

(2) The provisions contained in various wills shall all be enforced together where such course is possible.

(3) Where the provisions of two wills can not be enforced together, the provisions contained in the latest will shall prevail.

Art. 896.- Proof of will.- 1. Burden of proof.

Whosoever claims rights under a will shall prove the existence and the contents of such will.

Art. 897.- 2. Proof how made.

(1) The existence and contents of a public or holograph will shall be proved by producing the instrument it self in which such will is contained, or a copy thereof certified to be true by the notary or registrar who has received the will for the deposit thereof in his achieves.

(2) They may not be proved by any other means for the purpose of obtaining their execution.

(3) They may be proved by any means for the purpose of obtaining damages from the person who, through his fault or negligence, has caused the will to disappear.

C. Revocation and Lapse of Wills

Art. 898. Express revocation.

(1) A will shall be revoked in its entirety where the testator expressly declares in the forms required for the validity of wills that he revokes his will.

(2) It shall be revoked partially where the testator, in the same forms, make a disposition which can not be executed together with a clause of the will.

Art. 899.- Destruction or cancellation.

(1) The testator may revoke his will or a provision contained therein, by materially destroying or by tearing or by canceling the contents thereof, in a manner that shows sufficiently his intention of revoking or modifying his will.

(2) Unless the contrary is proved, the testator shall be deemed to have wanted to revoke his will where he has done any one of the actions hereinbefore referred to.

(3) Unless the contrary is proved, the destruction or cancellation of the will shall be deemed to have been done by the testator.

Art. 900. Alienation of the thing bequeathed.

(1) Any alienation of the thing bequeathed, whether in whole or in part, made willingly by the testator shall operate as a revocation of the legacy in regard to all that which has been alienated.

(2) Such revocation shall remain effective notwithstanding that the thing comes again to belong to the testator at a later date.

Art. 901.- Effects of revocation.

(1) Unless otherwise provided, the revocation of a will shall not cause the provisions of a previous will to revive.

(2) Testamentary provisions which have been revoked shall not the executed notwithstanding that the new provisions which have replaced them can not be enforced owning to the incapacity of the legates or his renunciation of the legacy or for an other reason.

Art. 902.- Lapse of oral wills.

An oral will shall lapse three months after it has been made, where the testator is still alive on such day.

Art. 903.- Lapse of holograph wills.

A holograph will shall lapse where it is not deposited with a notary or in a court registry within seven years after it has been made,.

Art. 904.- Birth of child. -1. Principle.

Notwithstanding any provision to the contrary, legacies, whether by universal or singular title, contained in a will shall lapse where, after the dated of the will, a child is born to the testator and such child accepts the succession.

Art. 905.- 2. Restriction.

(1) I the cause provided in Art. 904 the court may maintain the effects of the legacies, in whole or in part, where it appears that, had the testator known the circumstances, he would probably have maintained them.

(2) The child of the testator who is born after the making of the will shall in any case receive three fourths of the share which he would receive in the intestate succession.

Art. 906.- Legacies in favour of spouse.

Any testamentary provisions made by the testator in favour of his spouse shall lapse where the marriage of the testator with that spouse is dissolved through any cause other than death.

Art. 907.- Lapse of legacies. -1. Principle.

A legacy made in favour of a person shall lapse where the legatee dies before the testator or he cannot or does not want to take such legacy.

Art. 908.- 2. Representation.

Where the legatee named dies before the testator, representation shall take place:

(a) where it is a case of a legacy by universal title; or

(b) where it is a case of a legacy by singular title and where, in default of a legatee, the property bequeathed is to devolve upon the State.

Paragraph 2. Contents and Interpretation of Wills

Art. 909.- Different kinds of dispositions.

The testator may in his will.

(a) appoint one or more legatees by universal title; and

(b) order legacies by singular title; and

(d) give directions regarding his funeral; and

(e) make any other declarations of will to which this Code or particular laws acknowledge judicial effects after his death.

Art. 910.- Interpretation.

(1) In case of doubt, a will shall be interpreted in conformity with the presumed intention of the testator as resulting from the will itself and circumstances.

(2) Where the terms of the will are clear, they may not be departed from to seek by means of interpretation the true intention of the testator.

Art. 911.- Presumption.

(1) Where the testator has used expressions like “my heirs” or “my property” or “my immovable property”, in order to give meaning to such words, he shall be deemed to have envisaged the position at the time of his death.

(2) Proof to the contrary is admitted to rebut such presumption.

Art. 912.- Legacies by universal or singular title.

(1) A legacy by universal title is a disposition whereby the testator calls one or more persons to receive the full ownership or the bare ownership of one whole or of a portion of the pretty.

(2) Any other disposition is a legacy by singular title.

Art. 913.- Legacies and rules of partition.

An assignment of a portion of the succession or of property forming part of such succession made by the testator to one of his heirs shall not be deemed to be a legacy but a mere rule for partition, unless the contrary intention of the testator emerges form the deposition.

Art. 914.- Appointment of legatee by universal title.- 1. Form.

The appointment of a legatee by universal title shall not be subject to any special form.

Art. 915. 2. Effects.

(1) Unless otherwise expressly provided by the testator, a legatee by universal title shall be assimilated to an heir-at-law.

(2) In particular, he shall be called to receive the whole succession in default of any other legatee or heir-at-law.

(3) The testator may expressly specify that the legatee by universal title shall not receive more than a given portion of the succession.

Art. 916.- Conditional legacies. 1. Principle.

Legacies whether by universal or singular title may be made conditional upon the accomplishment of a suspensive or resolutive condition.

Art. 917.- 2. Condition of marrying or not marrying.

(1) A condition that the legatee shall marry or shall not marry a particular person shall be valid.

(2) A condition imposed in general terms on the legatee of not marrying or not re-marrying shall be of no effect.

(3) The testator may stipulate that the legatee shall have the usufruct of certain property or shall receive a specified pension so long as he shall not marry.

Art. 918.- 3. Presumption.

(1) Unless otherwise expressly provided by the testator, a legacy made under a condition that the legatee does not do a specified thing shall be deemed to be made under a resolutive condition.

(2) The same shall apply where a legacy is made under the condition that the legatee shall continue to do a specified thing.

Art. 919.- 4. Security.

(1) Where a legacy is made by the testator subject to a resolutive condition, the court may, on the application of any interested person, order the legatee to give a security or another guarantee for the restitution of the property bequeathed in the case that the resolutive condition is accomplished.

(2) Where a legacy is made by the testator subject to a suspensive condition, the court may, on the application of the legatee, order the person who is in possession of the thing bequeathed to give a security or another guarantee for the deliver of the thing bequeathed to the legatee in the case that the suspensive condition is fulfilled.

Art. 920.- Charges. -1. Principle.

The testator may bind heirs or legatees, on the value of the property, to give something to or to do something for one or more specified persons.

Art. 921.- 2. Limit of obligation.

The heir or legatee on whom the charge has been imposed shall be liable for the exaction of such charge to the extent only of the value of the portion of the succession or of the legacy which he has received.

Art. 922.- 3. Execution of charge.

(1) The person to whose benefit the charge has been ordered may demand its execution.

(2) Where such action is justified in the circumstances, such person may also require the heir or legatee thus charged to give a security or another guarantee for the execution of the charge.

(3) The same rights may be exercised by the person named for this purpose by the testator or, in default of such person, by each of the heirs of the testator or by each of his legatees by universal title.

Art. 923.- 4. Dissolution of legacies.

(1) The failure to execute the charge shall not entail the dissolution of the legacy unless the testator has expressly so disposed and regulated the consequences thereof.

(2) The rights which third parties in good faith have acquired on the property bequeathed shall not be affected.

Art. 924.- Determination of beneficiary of legacy.

(1) The beneficiary of a legacy is sufficiently determined where the will binds the heir, the legatee by universal title or another person to select such beneficiary from among a specified category of persons.

(2) The court may, on the application of any interested person, fix a time within which the person who is to designate the beneficiary of the legacy shall make his selection.

(3) Where such person fails or refuses to make such designation, the court shall entrust that task to another person under conditions which are most appropriate for giving effect to the presumed intention of the testator.

Art. 925.- Legacy in favour of the poor.

(1) A legacy made in favour of the poor, without any other designation, shall be valid.

(2) Unless the contrary is proved, it shall be deemed to be made in favour of the poor of the place where the testator had his principal residence at the time of his death.

(3) The authority qualified to accept the legacy and to give effect to the intention of the testator shall be prescribed by regulations.

Art. 926. Several legatees.

(1) Where the testator has appointed several legatees by universal title or bequeathed a thing to two or more persons, without specifying the portion of each, the legatees shall have equal rights to the succession or to the thing bequeathed to them.

(2) Where any of such legatees can not or does not want to accept the deposition made in his favour, his portion shall devolve upon his co-beneficiaries.

Art. 927.- Determination of subject of legacy.

(1) The thing forming the subject of a legacy is sufficiently specified where the testator ahs ordered that the heir or the legatee himself or some other person shall choose it from among various things or from among things of a specified nature or of a specified value.

(2) The legatee shall make the selection himself where the testator has not specified who shall make it or where the person charged with making it has not made it within la reasonable period given to him by the legatee.

Art. 928.- “Substitution vulgaris”.

(1) The testator may order that, in default of a legatee by universal or singular title, some other person shall be called to receive the legacy.

(2) Unless otherwise expressly provided, a disposition to that effect shall benefit the substituted legatee whenever the legatee appointed in the first place can not or does not want to receive the legacy made in his favour.

Art. 929.- Entails.-1. Principle

(1) The testator may order that his heir or legatee shall, on the expiry of a certain period or on his death or on the accomplishment of a specified condition, pass the property or certain property forming part of the succession to one or more other persons who shall be substituted for him.

(2) The heir or the legatee how receives the property in the first place is called “the holder in tail”.

(3) The person to whom he shall pass the property on the opening of the substitution is “the person called to succeed”.

Art. 930.- 2. Persons who may be called to succeed.

(1) The person called to succeed need not have the capacity to receive on the day of the death of the testator.

(2) It shall be sufficient that he can be determined and that he have the capacity to receive on the day when the substitution comes into effect.

(3) The substitution may also be made in favour of the descendants or of the heirs of the holder in tail.

Art. 931.- 3. Effects.

(1) A disposition made in terms of art. 929, has, in relation to the property to which it refers, the effect of a disposition prohibiting alienation or attachment.

(2) Without prejudice to the provisions of the following Articles, the rules contained in the Title of this Code relating to ‘Joint ownership, Usufruct and Other Rights in rem” shall apply for the purposes of determining the effects of such disposition. (Art. 1426-1443).

Art. 932.- 4. Limitation of power of the court.

The court may in no case authorize the alienation or the attachment of immovable property on the application of the holder in tail or his creditors.

Art. 933.- 5. Time for brining action.

(1) The person called to succeed, his representative or the person appointed by the testator for the purpose of having the substitution complied with, may at any time demand the nullity of the alienation or of the attachment which have taken place unduly.

(2) It suffices that they institute their action within two years from the opening of the substitution.

Art. 934.- 6. Limitation of substitution to one passage.

(1) A provisions whereby the testator declares that property or rights can not be alienated or attached after they have been transmitted to the person called to succeed shall be of no effect.

(2) A provision whereby the testator seeks to regulate what is to happen to such property or rights after they are transmitted to the person called to succeed shall be of no effect.

Art. 935.- 7. Refusal by holder in tail.

(1) Where the holder in tail can not or does not want to accept what has been bequeathed to him, the provisions contained in the will for this case shall apply, if nay.

(2) Failing such provisions, the court shall prescribed such solution as is likely to enforce the testator’s intention and to safeguard the interest of the substituted legatee.

Art. 936.- 8. Default of person called to succeed.

(1) The holder in tail may dispose freely of the property and the rights forming the subject matter of the substitution, where the person to whom he must deliver such property dies or where, for any other reason, it becomes clear that it will not be possible for the substitution to take place.

(2) Where, on account of the default or refusal of the person called to succeed or for any other reason, the substitution ordered by the testator cannot take place, the property held in tail shall pass to the heirs of the holder in tail.

(3) Unless otherwise stipulated in the will, the heirs of the testator shall have no right on such property.

Art. 937.- Disherison. -1. Express.

(1) The testator may, in his will, expressly disinherit his heirs-at-law, or any of them, without appointing a legatee by universal title.

(2) In such case, the succession shall devolve as through the heir, or heirs who has or have been disinherited had died before the testator.

Art. 938.- 2. Special provision regarding descendants.

(1) An express disherison of a child or other descendant shall be of no effect unless the testator has given in his will a reason which justifies the disherison.

(2) The court shall ascertain whether the reason given by the testator, assuming that it is correct, justifies the disherison.

(3) It may not ascertain whether, in the circumstance of the particular case, the reason given is correct.

Art. 939.- 3. Tacit disherison.

(1) Unless otherwise provided, the appointment of a legatee by universal title shall imply the dishersion of the relatives of the testator if they are of the second, third or fourth relationship.

(2) It shall not imply the disherison of the descendants of the testator.

(3) Where the testator is survived by descendants and has not expressly disinherited them, the legatee by universal title shall partake of the succession together with such descendants as if he himself were a child of the testator.

Art. 940.- 4. Prohibition of certain provisions.

Any provision whereby the testator orders the disherison, in whole or in part, of his heirs or nay of them, should they impugn the validity of the will or of any disposition contained therein, shall be of no effect.

Art. 941.- Dispositions providing for arbitration.

(1) The testator may order in his will that any dispute between the heirs or the legatees relating to the liquidation or the partition of the succession shall be decided by one or more persons, designated in the will as arbitrators.

(2) The powers vested in the court under the provisions of this Title shall in such a case be exercised by the arbitrators.

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