Civil Code > TITLE V. SUCCESSIONS 2

Chapter 2. Liquidation of Successions

Art. 942.- Guiding principle.

So long as a succession has not been liquidated, it shall constitute a distinct estate.

Art. 943.- Security of creditors.

(1) Pending the liquidation, the creditors of the inheritance shall have the property which forms part of eth inheritance as their exclusive security.

(2) They shall have no right on the personal property of the heirs.

(3) Pending the liquidation, the personal creditors of the heirs shall have no right on the property of the succession.

Art. 944.- What the liquidation consists of.

The liquidation of the succession consists of;

(a) the determination of the persons who are called to take the

property in the inheritance;

(b) the determination of what it is made up;

(d) the payment of the legacies by singular title and the taking of such other steps as are required to carry into effect the provisions made by the deceased.

Art. 945.- Agreement proving for arbitration.

(1) The heirs and the legatees may agree that any dispute arising between them regarding the liquidation or partition of the succession shall be submitted to one or more arbitrators.

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

Section 1. Liquidator of the Succession

Art. 946.- Principle.

A succession, whether intestate or testate, shall be liquidated by one or more persons hereinafter refereed to as “the liquidators”.

Art. 947.- Designation by the law.

On the day of death, the capacity of liquidator shall pertain “ipso facto” to the heirs-at-law.

Art. 948.- Designation by will.

(1) Where the deceased has left a will, the capacity of liquidator shall pertain to the person designated by the deceased in such will as testamentary executor.

(2) Failing any express disposition, it shall pertain “ipso jure” t o the legatees by universal title appointed in the will.

(3) The heirs-at-law shall act jointly with the legatee by universal title as liquidators, unless they are under the will to receive no share in the succession.

Art. 949.- Liquidator who is a minor or an interdicted person.

Where, in terms of the preceding Articles, a minor or an interdicted person is the liquidators of a succession, he shall be represented by his tutor for the performance of the functions of liquidator.

Art. 950.- Judicial liquidation.- 1. Unaccepted in heritance or vacant succession.

(1) The court shall appoint a liquidator, on the application of any interested person, where the heirs are unknown or all the heirs-at-law have declared that they renounce or do not want to liquidate the succession.

(2) It shall appoint a liquidator where the testator has not left heirs and his succession is taken by the State.

(3) The person or authority which is to be appointed liquidator by the court ma be prescribed by regulations.

Art. 951.- 2. Other cases.

The court may, on the application of any interested person, appoint a notary or some other person to replace the liquidator referred to in the preceding Articles, where:

(a) there is a doubt regarding the designation of a liquidator because the validity of the will whereby he was appointed is contested, or for nay other reason; or

(b) there are several liquidators and they are not in agreement on the administration and liquidation of the succession; or

(c) among the heirs, there is a minor or an interdicted person or an other person, who, for any other reason, is not in a position to look after his interest; or

(d) the liquidator remains inactive or is dishonest or is found to be incapable to perform his functions properly.

Art. 952.- Security.

The court may at any time, on the application of any interested person, require the liquidator to give a security or some other guarantee for the proper performance of his functions.

Art. 953. Voluntary nature of functions.

No person is bound to accept the functions of liquidator.

Art. 954.- Resignation.

(1) The liquidator may at nay time resign his functions, unless he has expressly undertaken to bring them to their conclusion or to perform them for a certain time.

(2) The resignation shall involve the liability of the liquidator where it is made at a time which is not convenient.

(3) It shall in no case take effect unless it has been communicated to the other liquidators or a new liquidator has been appointed.

Art. 955.- Termination of functions.

1. The functions of a liquidator shall cease where he is replaced by a new liquidator in conformity with the law the will or a decision of the court.

2. They shall cease where the liquidator has accomplished his functions and rendered an account of his management.

Art. 956.- Duties of liquidator.

The liquidator shall:

(a) make a search to find our whether the deceased has left a will, and establish who is to receive the property of succession; and

(b) administer the succession; and

(d) pay the legacies ordered by the deceased and take all other measures necessary to execute the will.

Art. 957.- Limitation of powers.

(1) The deceased or the court may limit the powers of the liquidator or give him instructions regarding the manner how he shall perform his functions.

(2) The court may, for good cause, modify the instructions referred to in sub-art. (1)

(3) Notwithstanding any stipulation to the contrary, a transgression of such instructions has the liability of the liquidator as its only sanction.

Art. 958- Several liquidators

(1) Where there are several liquidators they shall act together, without prejudice to any stipulation to the contrary by the deceased or the court.

(2) The liquidators may distribute among themselves the tasks which the liquidation involves, or entrust one of them with a mandate to make such liquidations.

(3) In the absence of such stipulations or mandate, if a liquidator performs by himself an act of the liquidation, the rules relating to voluntary management of the affairs of another person shall apply (Art. 2257-2265).

Art.959.- Remuneration of liquidator.

The liquidator shall be entitled to a remuneration where this is justified by the work he has performed, under the conditions determined by the deceased, or by agreement between the heirs, or by the court.

Art. 960.- Rendering accounts of management.

(1) The liquidator shall render the accounts of his management when he has accomplished his functions.

(2) He shall render the accounts thereof before that date, at such times as are agreed upon with the heirs or fixed by the court.

Art. 961.- Liability.

(1) The liquidator shall be liable for any damage the causes through his fault of negligence.

(2) He shall be deemed to be at fault where he acts contrary o the provisions of the law, to the provisions of the will or to the instructions given to him by the deceased or by the court.

(3) The court may relieve him in whole or in part of such liability in his relations with the heirs or legatees where it appears that the has acted in good faith with the intension of performing his functions.

Section 2. Final Determination of the Persons entitled to the Succession.

Paragraph 1. Provisional Determination of Persons entitled to Succeed

Art. 962.- Search for a will.

(1) The liquidator shall in the first place make a search to find out whether the deceased has left a will.

(2) For this purpose, he shall examine the papers of the deceased and make all necessary researches in particular with the notaries and in the registries of the courts of the places where the deceased has resided.

Art. 963.- Duty to declare will.

(1) Whosoever has in his possession, finds or knows, in his capacity as a witness, of a will made by the deceased shall make a declaration regarding such will to the liquidator as soon as he comes to know of the death.

(2) He shall make such declaration notwithstanding that the will seems to be affected by nullity.

Art.964.- Deposit of will.

(1) A public or holograph will shall be deposited without delay with a notary or in the registry of the court in the place where it is discovered or conserved, where the liquidator or any interested person makes an application to this effect.

(2) An oral will shall, under the same conditions, be immediately drawn up in writing and deposited by those who have been witnesses thereto.

Art. 965.- Opening of will. 1- Date.

(1) A will shall be opened by the liquidator forty days after the death of the deceased.

(2) Where it has been discovered after such date, it shall be opened on a day fixed by the liquidator within the month following such discovery.

(3) In such case it shall first be deposited wit a notary or in the registry of the court in conformity with the provisions of Art. 964.

Art. 966.- 2. Anticipated opening.

(1) The date mentioned in Art. 965 (1) may be put forward where the deceased has so ordered or this appears necessary for the purposes of making arrangements for his funeral or the majority of the heirs called in the first place by the law agree to the putting forward of the date of the opening.

(2) Where any of the heirs called in the first place is not in a position to be present or represented at the anticipated opening of the will, the will shall, prior to its opening, be deposited with a notary or in the registry of the court in the place where it is to be found.

Art. 967.- 3. Place.

(1) The will shall be opened in the offices of the notary or in the registry of the court where the will has been deposited during the lifetime of the deceased or after his death.

(2) Failing such deposit, the will shall be opened in the place where the deceased had his principal residence at the time of his death.

Art. 968.- 4. Publicity.

(1) The heirs-at-law whom the law calls in the first place to the succession of the deceased shall be invited to be present or represented at the opening of the will.

(2) In any case, at least four persons of age and not interdicted shall be present at the time of the opening of the will.

Art.969.- 5. Order of the day.

(1) At the time of the opening of the will, the liquidator and all persons present shall verify the validity or the form of the will.

(2) The contents of the will shall be read out.

(3) Arbitrators shall, as far as is possible, be appointed to settle any dispute arising out f the succession, and the necessary provisions shall be made to ensure the conservation of the will.

Art. 970.- 6. Several wills.

The provisions of the preceding Articles shall apply whether the deceased left only one will or more than one will.

Art. 971.- Establishing order of partition.- 1. Testate succession.

(1) During the meeting , the liquidator shall determine who are the heirs or legatees of the deceased, and to what portion of the succession each of them is entitled.

(2) He shall inform the interested persons, without delay, or the manner in which he considers that the succession should devolve.

(3) For the purpose of sub-art. (2) the expression “interested persons” means the persons who are called to receive the property of the deceased, and those who, in the absence of a will, would have been called to receive it.

Art. 972.- Intestate succession.

(1) Where it appears that the deceased has not left a will the liquidator shall inform the interested persons of the manner how he considers that the succession should devolve.

(2) Such information shall be given as soon as it appears certain that there is no will and, at the latest, forty days after the death of the deceased.

Art. 973.- Action of nullity. -1. Persons present.

(1) Whosoever is present or represented at the opening of the will may within fifteen days from the opening of the will declare his intention to apply for the nullity of the will or of a provision contained in the will, or to impugn the order of partition proposed by the liquidator.

(2) Any such declaration shall be of no effect unless it is made in writing and notified to the liquidator, the court or the arbitrators within the period specified in sub-art. (1).

Art. 974.- 2. Persons not present.

(1) With regard to persons who are not present nor represented at the opening of the will such period shall begin to run from the day when the liquidator informs them of the order of partition proposed by him. It shall run in like manner where there is no will.

(2) The validity of a will and the order of partition proposed by the liquidator may in no case be contested after five years from the day of the opening of the will or, if there is no will, five years from the death of the deceased.

Art. 975.- 3. Provisional measures.

The court may on the application of any interested person and pending the delivery of a judgment on the applications mentioned in Art. 973 and 974 take all provisional measures it thinks fit to avoid delays in the liquidation of the secession.

Paragraph 2. Option of Heirs and Legatees by Universal Title

Art. 976.- No necessary heirs.

No heir is bound to accept the succession or legacy to which he is called.

Art. 977.- Personal nature of the option.

(1) The right to accept or to renounce a succession is strictly personal to the heir.

(2) It my not be exercised by the creditors of the heir.

(3) The rights of the creditors shall not be affected by the heir renouncing he succession in fraud of such rights.

Art. 978.- Time for renunciation.

(1) An heir may renounce the succession within one month from the day when the liquidator has informed him that he is called to the succession.

(2) The court may, on the application of the heir, extend up to a maximum of three months the period fixed in sub-art. (1)

Art. 979.- Form of renunciation.

(1) The renunciation of a succession shall be of no effect unless it is made in writing or in the presence of four witnesses.

(2) It shall be of no effect unless it is made known to the liquidator before the expiry of the period fixed in Art. 978.

Art. 980.- Form of acceptance.

Acceptance may be express or implied.

Art. 981.- Express acceptance.

The heir who assumes the status of heir in a written act shall be deemed to have expressly accepted the succession.

Art. 982.- Implied acceptance.

(1) The heir who performs any act which shows unequivocally his intention to accept the succession shall be deemed to have impliedly accepted the succession.

(2) The heir who has not renounced the succession within the period fixed by law shall be deemed to have impliedly accepted the succession.

Art. 983.- Renunciation in favour of others.

(1) A renunciation made in favour of one or more specified persons shall be deemed to be an assignment of the rights to the succession.

(2) Ann heir who makes such renunciation shall be deemed to have accepted to succession.

(3) This rule shall not apply where the heir has renounced the succession in favour of all his co-heirs indistinctly without receiving any pecuniary compensation.

Art. 984.- Acts of preservation or administration.

The heir who performs acts of preservation, such as those of supervision or the drawing up of an inventory, and urgent acts of administration in relation to the property of the succession, shall not be deemed to have impliedly accepted the succession.

At. 985.- Misappropriation or concealment.

The heir who misappropriates or conceals property forming part off the hereditary estate, shall be deemed to accept the succession.

Art. 986.- Individual nature of option.

Where several heirs are called to the succession, some may accept and the others renounce it.

Art. 987.- Death of heir before making option.

(1) Where the heir who is called dies before having accepted or renounced the succession, the right to accept or renounce the succession shall devolve on his heirs.

(2) Some may accept the succession and the others renounce it.

(3) Those who have renounced the succession of the heir shall be deemed by so doing to have renounced the succession of the deceased.

Art. 988.- Option to be pure and simple.

(1) The acceptance or renunciation of a succession may not be made with a time limit or under a condition.

(2) An heir shall be deemed not to have taken a decision where he has made his acceptance or his renunciation with a time limit or under a condition.

Art. 989.- Partial acceptance or renunciation.

(1) The acceptance or renunciation may not be partial.

(2) Whosoever has renounced the succession in his capacity as legatee by universal title may still accept it in his capacity as heir-at-law of the deceased.

(3) An heir in whose favour a legacy by singular title has been ordered may renounce the succession and accept the legacy or, conversely, accept the succession and renounce the legacy by singular title.

Art. 990.- Acceptance not revocable.

(1) An acceptance of the succession made by an heir is irrevocable.

(2) It may not be annulled in any case.

Art. 991.- Revocation of renunciation. 1. Causes.

(1) A renunciation of a succession made by an heir may be revoked where it has been extorted by violence.

(2) It may also be revoked where it has been obtained through the fraud of a person who is called to the succession, or of a descendant ascendant, brother, sister or spouse of such person.

(3) It may not be revoked for any other cause.

Art. 992.- 2. Form and effects.

(1) An heir who intends to revoke his renunciation shall bring an action before the court, under pain of loss of right, within two years from the cessation of the violence or the discovery of the fraud of which has been the victim

(2) The renunciation of a succession may in no case be revoked ten years after it has been made.

(3) The court shall specify the effects of the revocation in accordance with the provisions of the Section relating to “Invalidation and can collation of contracts” in the Title of this Code dealing with “Contracts n general” (Art. 1808-1818).

Art. 993.- “Actio Pauliana”

(1) The creditors of a person who renounces a succession may within two years from the day when the renunciation has taken place apply to the court to annul it, if it is prejudicial to them.

(2) The renunciation may not be annulled by the court except in favour of the creditors and only up to the extent of what is due to them.

(3) It may not be annulled for the benefit of an heir who has renounced the succession.

Art. 994.- Effect of acceptance.

Acceptance shall be effective from the day of the death of the deceased.

Art. 995.- Effect of renunciation.

(1) An heir who has renounced a succession shall be deemed never to have been an heir.

(2) The portion which he has renounced shall devolve upon his co-heirs who have accepted the succession, and, where appropriate, to the heirs who come next.

(3) The heirs who have already accepted the succession may renounce such portion within one month from the day when the renunciation of their co-heir is brought to their knowledge.

Paragraph 3. Certificate of Heir and “Petitio Haereditatis”

Art. 996.- Certificate of heir. 1. Issue.

(1) An heir may apply to the court to be given a certificate of heir of the deceased and the share of the succession which he is called to take.

(2) The court may require the applicant to adduce such evidence and to give such securities as it thinks fit.

Art. 997.- 2. Effects.

(1) So long as the certificate has not been annulled, the heir shall be deemed to have the status which the certificate attributes to him.

(2) The acts performed by the heir in such capacity may not be impugned, unless it is proved that the person who avails himself of such acts knew for certain, at the moment when such acts were performed, that the heir had no right.

Art. 998.- 3. Annulment.

(1) Where an action of “petition haereditatis” has been instituted, the court may annul the certificate of heir it issued.

(2) In such case, the heir shall return the certificate.

(3) Where the heir alleges that the certificate has been lost or that for any other reason he is unable to return it, he shall be ordered to give all appropriate securities to ensure that he will not in future make use of the certificate.

Art. 999.- “Petitio haerditatis”. – 1. Principle.

Where a person without a valid title has taken possession of the succession or of a portion thereof, the true heir may institute an action of “petition haereditatis” against such person to have his status of heir acknowledged and obtain the restitution of the property of the inheritance.

Art. 100.- 2. Periods of time.

(1) An action of ” petitio haereditatis” shall be barred after three years from the plaintiff having become aware of his right and of the taking possession of the property of the inheritance by the defendant.

(2) It shall be absolutely barred after fifteen years from the death of the deceased or the day when the right of the plaintiff could be enforced, unless the action relates to family immovables.

Art. 1001.- 3. Effects.

(1) The defendant who loses a suit of “petitio haereditatis” shall returns to the plaintiff all the property of the inheritance which has remained in his possession.

(2) He may not claim to have become the owner of such property as a result of his good faith.

(3) As regards the rest, the provisions of the Chapter of this Code relating to “Unlawful Enrichment” shall apply (Art. 2163-2178).

Art. 1002.- 4. Legatees by singular title.

The provisions of the preceding articles shall apply to legatees by singular title.

Section 3. Administration of the Succession

Art. 1003.- Principle.

The liquidator shall administer the estate of the deceased from the day when he is appointed until the persons having a right to the succession have received the share or the property to which they are entitled..

Art. 1004.- Seals.

(1) The affixing of seals on the effects, or on some of the effects, may be ordered by the court on the application of any interested person, immediately after the death of the deceased.

(2) The expenses of the affixing and removal of seals shall be borne by the person having requested the affixing of seals.

Art. 1005.- Inventory.-1. What the succession is made up of.

(1) The liquidator shall establish what the succession is made up of by drawing up an inventory within forty days from the death of the deceased.

(2) Supplementary statements shall be drawn up, where necessary, within fifteen days from any other property having been discovered.

Art. 1006.- 2. Valuation of property.

(1) Each of the constituents, whether an asset or a liability, of the succession shall be provisionally valued by the liquidator within the same periods.

(2) Where necessary, the valuation shall be made with the assistance of experts.

Art. 1007.- Duties of heirs.

(1) In their relations with the succession, the heirs shall retain all the rights and obligations which they had against or in favour of the deceased, with the exception of the rights and obligations which came to an end with the death.

(2) In regard to such rights and obligations, the heirs shall give the liquidator all relevant information so as to enable him to draw up the inventory.

Art. 1008.- 4. Information to interested persons.

(1) Whosoever is called to receive a share of the succession may require that a copy of the inventory be sent to him at his expense.

(2) The same right may be granted by the court to the creditors of the deceased or of the succession.

Art. 1009.- 5. Revision of valuation.

(1) Until the final partition of the succession has been effected, the persons referred to in Art. 1008 may require that the provisional valuation off the property made by the liquidator be revised.

(2) The expenses of the valuation by experts shall be charged to the succession where the provisional valuation is found to be incorrect.

(3) In other cases the expenses shall be charged to the person who has given cause to them.

Art. 1010.- General powers of the liquidators.

(1) The liquidator shall administer the property of the succession with the prudence and seal of a bonus pater families.

(2) The heirs acting in agreement between them or the court on the application of any interested person may give him directives concerning such administration.

Art. 1011.- Acts of preservation

The liquidator may in particular:

(a) perform all the acts and institute all the actions necessary for the preservation of the property of the succession, and

(b) contest actions instituted by third parties who claim to have rights on the property of the succession.

Art.1012.- Things due to the succession.

(1) The liquidator may demand payment of what is due to the succession if the debts are exigible.

(2) He is authorized to give acquaintance for such debts.

Art. 1013.- Sale of property pertaining to the inheritance.

(1) the liquidator may sell the fruits and the crops of the succession, as well as all movables pertaining to the succession which are rapidly perishable or which, for their custody and preservation, require considerable expense or particular care.

(2) He shall not sell other movable goods unless such sale is necessary to pay the debts of the succession.

(3) He may not sell the immovable property except with the consent of all the heirs, or with the authorization of the court.

Section 4. Payment of the debts of the Succession.

Art. 1014.- Order to be followed.

The debts of the succession shall be paid in the following order;

(a) in the first place, the expenses of the funeral of the deceased;

(b) in the second place, the expense of the administration and of the liquidation of the succession;

(d) in the fourth place, the debts regarding maintenance;

(e) in the fifth place, the legacies by singular title ordered by the deceased.

Art. 1015.- Funeral expense.-1. Principle.

(1) Funeral expenses shall not have priority over other debts of the succession unless they are justified, having regard to the social position of the deceased.

(2) They shall not included the expenses for the commemoration of the deceased.

(3) The commemoration of the deceased shall not constitute a juridical obligation of his spouse or relatives.

Art. 1016.- Expenses of administration

The expenses of the administration and liquidation of the succession shall comprise:

(a) the expenses of the affixing of seals and of the inventory and those of the account of the liquidation;

(b) the useful expenses incurred by the liquidator for the ordinary preservation, maintenance and administration of the property of the inheritance;

(d) estate duty.

Art. 1017.- Debts of deceased. 1.- Search for creditors.

(1) The liquidator shall take all necessary steps with a view to establishing whether they are nay persons who are creditors of the succession.

(2) To this end, he shall examine the registers and papers of the deceased and make the necessary searches in the public registers, in the places where the deceased has resided and in those where he has immovable property.

Art. 1018.- 2. Publicity and notices.

(1) Where there is reason to believe that the deceased may have creditors whom search has not disclosed, the liquidator shall make in the places where this seems useful such publicity as is appropriate to in form the creditors of the death of their debtor.

(2) He shall require the creditors to make themselves known to him within three months from the date of the publicity.

Art. 1019.- Exigible debts.

(1) The liquidator shall pay such debts of the succession as are exigbile, unless opposition has been made to such payment or it appears obvious that the assets of the succession are not sufficient to satisfy all the creditors.

(2) In these two cases, he shall observe the rules laid down in the Code of Civil Procedure relating to the insolvency of a debtor.

Art. 1020.- Executive title.

(1) Executive titles enforceable against the deceased are equally enforceable against the liquidator.

(2) However, the liquidator may postpone the payment of all debts till the time when he has made the inventory of the succession.

(3) The court may, on the application of any interested person, compel the liquidator to pay the debts or certain debts before that time, if it is evident that the succession will be in a position to pay such debts.

Art. 1021.- Debts not exigible.

(1) The creditors of the succession whose debts are not exigibel may require that securities be given to them to ensure the payment of their debts when they fall due.

(2) The provisions of sub-art. (1) shall apply to those persons who have conditional claims to bring forward against the succession.

Art. 1022.- Property destined for payment.- 1. Liquid cash.

In order to pay the debts of the succession, the liquidator shall make use in the first place of the liquid cash which he finds in the succession.

Art. 1023. 2. Property not bequeathed in legacy.

(1) Where property is to be sold to pay the debts, the liquidator shall offer such property to the heirs before selling it to another person.

(2) He shall sell it to an heir, where the latter offers for it the market value or a higher rice.

Art. 1024.- 3. Property bequeathed in legacy.

The property bequeathed in legacy by the deceased may not be sold, where the debts can be paid by selling other property.

Section 5. Debts of the succession relating to maintenance

Art. 1025.- Principle.

Before paying the legacies, the liquidator shall pay the debts relating to maintenance which certain persons may claim against the succession.

Art. 1026.- Determination of creditors.

(1) The spouse of the deceased, his descendants, ascendant sand brothers and sisters shall have a claim for maintenances, on the conditions laid down in the following Articles.

(2) Where the succession devolves on the State, the persons who lived with the deceased or were maintained by him at the time of his death shall also have a claim for maintenance, on the conditions laid down the following Articles.

Art. 1027.- Lock of means of creditors.

The person mentioned in Art. 1026 shall have no claim for maintenance unless they are in need and are not in a position to earn their living by their work.

Art. 1028.- Creditor being heir-at-law.

(1) Descendants, ascendants and brothers and sisters shall have no claim for maintenance unless they are called by the law to take the succession of the deceased or a part thereof.

(2) They shall have no such claim if they are excluded from the succession an unworthy.

(3) Nor shall they have such claim where, under the law, they are excluded by heirs who have a better right.

Art. 1029. Maximum amount of claim for maintenances.

(1) The descendants, ascendants and brothers and sister of the deceased who have a claim for maintenance may only get money or things of a value equal to that which they would have received from the succession by virtue of the law, had the deceased not made testamentary dispositions to their prejudice.

(2) Liberalities made by the deceased during the last three years preceding his death shall be assimilated to testamentary dispositions.

Art. 1030.- Claim of the spouse for maintenance.

The spouse who has a claim for maintenance may get from the succession maintenance In conformity with the rules laid down in the Chapter off this Code relating to “Obligation for maintenance” (Art. 807-825).

Art.1031.- Claim by creditor.

(1) A claim made with a view to establishing a debt for maintenances shall be made to the liquidator within one year from the opening of the succession.

(2) In urgent cases, a provisional claim for maintenance may be acknowledged by the liquidator in favour of the interested persons.

(3) A decision of the liquidator refusing to acknowledge a claim for maintenance may be immediately impugned before the court.

Art. 1032.- Manner of payment.

(1) Where the creditor is the spouse of the deceased or is at least sixty years old, a claim for maintenance shall be paid by way of a life annuity.

(2) In other cases, it shall be paid by way of a jump sum.

Art. 1033.- Annuity.1 1.- Payment and securities.

(1) Where an annuity is allowed, it shall be payable as from the death of the deceased.

(2) The arrears of such annuity shall be payable at the place where the creditor for maintenance has his residence.

(3) Where appropriate, the court shall order that securities be given to the creditors for the payment of what is due to him.

Art. 1034.- 2. Revision.

(1) The amount of the annuity shall be fixed definitely.

(2) Such amount may not be revised unless the entity of the succession has been erroneously appraised when it was established.

(3) An annuity allowed to a surviving spouse shall no longer be due incase he remarries.

Art. 1035.- 3. Arrears.

(1) The arrears of an annuity may not be assigned or attached.

(2) They may, however, be assigned even before they fall due, to institution of assistance which provide for the wants of the beneficiary of the aannuity.

(3) They may also e attached by persons who have given to the beneficiary of the annuity what was necessary for his livelihood.

Art. 1036.- Agreements relating to debts for maintenance.

(1) Any act or contract concluded during the lifetime of the deceased relating to eventual debts of the succession for maintenance shall be of no effect.

(2) Testamentary dispositions aiming at excluding or modifying the rules laid down in the Section shall be of no effect.

Section 6. Payment of legacies

Art. 1037.-Pricniple

The liquidator shall pay the legacies ordered by the deceased unless the payment of a legacy has been imposed by the will on one of the heirs.

Art. 1038.- Option of the legatee.

Without prejudice to the provisions of Art. 1039 and 1040, the provisions of this Title relating to the option of the heirs or legatees by universal title shall apply to the acceptance or refusal of legacies by singular title.

Art. 1039.- More than one legacy.

A person to whom more than one legacy by singular title has been bequeathed may accept one of such legacies and refuse the other.

Art.1040.- Effect of refusal.

Where a legatee refuses a legacy bequeathed to him, such refusal shall benefit the person who, under the will, has the charge of paying the legacy.

Art. 1041.- Time of payment.

The legacies shall be paid as soon as it appears that the succession has sufficient means for paying them.

Art.1042.- Reduction of legacies.

(1) Where the succession has not sufficient means for paying all the legacies, the order expressly laid down by the deceased in his will shall be followed in making payment

(2) Failing an express disposition, the legacies which, in the will or in another written act emanating from the deceased, are said to have been ordered as a remuneration for services rendered by the legatee shall be paid in preference.

(3) The other legacies shall be reduced in proportion to their value.

Art. 1043.- Legacy of determinate thing.

(1) The liquidator shall deliver to the legatee the thing bequeathed, with is accessories, in the state in which it is found.

(2) The legatee may not request that the thing bequeathed be delivered to him in a good state.

Art. 1044.- Legacy of thing of a given genus.

(1) Where the thing bequeathed has not been determined except by its genus, the legatee may select that which he wishes from among the things of that genus belonging to the testator.

(2) Where several legatees are called to select from things of the same genus, the order in which they are to make their selection shall be determined by the drawing of lots.

Art. 1045.- Legacy of thing pledged or mortgaged

(1) Where the thing bequeathed has been given as a pledge or has been mortgaged by the deceased, securities shall be given to the legatee to guarantee the liberation of the thing when the debt falls due.

(2) .The legatee who pas the debt secured by the pledge or mortgage when it falls due shall be subrogated in the rights of the creditor whom he has paid against the heirs.

Art. 1046.- Legacy of thing belonging to others. -1. Thing of a genus.

When the deceased has bequeathed a thing of a genus and at the time of his death there is no thing of such genus in the succession, the liquidator shall pay to the legatee the value of the thing bequeathed.

Art. 1047.- 2. Determinate thing.

(1) A legacy made by the deceased shall be of no effect where it has for its subject matter a determinate thing on which tee ceased had no right at the time of his death.

(2) Notwithstanding the provisions of sub-art. (1), the legacy shall be valid where the deceased has ordered the legacy knowing such circumstance.

(3) In such case, the liquidator shall pay to the legatee the value of the thing bequeathed.

Art. 1048.- Legacy of a debt.

(1) A legacy of a debt shall be effective in respect of the amount of such debt due to the deceased on the day of his death.

(2) The liquidator fulfils the obligations resulting from the will by delivering to the legatee the instrument which makes possible the recovery of the debt.

(3) The succession shall not guarantee the payment of the debt.

Art. 1049. Legacy of an annuity.

Where an annuity has been bequeathed by the deceased, the arrears thereof shall be due as from the day of the death of the testator.

Art. 1050. Fruits and interest.

(1) Where a determinate thing has been bequeathed, the fruits shall be due as from the death of the testator.

(2) Where a sum of money has been bequeathed, interest thereon at the legal rate shall run from the day when the liquidator has been called upon the effect payment.

Art. 1051. Expenses of delivery.

The expenses of the delivery of a legacy shall be charged to the succession.

Section 7. Closure of the liquidation

Art. 1052. Time of closure.

(1) The liquidation of a succession shall be closed where the creditors of the succession who made themselves know and the legatees by singular title have been paid their claim or legacy.

(2) It shall also be closed where all the property in the inheritance has been disposed of.

Art. 1053. Merger of property.

(1) After the closure of the liquidation, the property which remains from the inheritance shall merge with the other property of the heir.

(2) Where necessary it shall be jointly owned by the joint heirs.

Art. 1054. New creditors.

(1) The creditors of the inheritance who appear after the closure of the liquidation may claim payment of what is due them from the heir.

(2) They shall have, on the property which the heir received from the succession, no better claim than the personal creditors of such heir.

(3) The heir shall be liable to such creditors to the extent of the value of the property which he received from the succession.

Art. 1055. Value to be taken into consideration.

(1) Saving proof to the contrary by the creditors, the statement contained in the inventory shall, for the purpose of the preceding Articles, show what the succession is made up of and value of the property.

(2) Where there has been no inventory or such act cannot be produced, the creditor may establish by any means what the succession is made up of and the value of the property.

Art. 1056. Cause of concealment.

(1) A creditor shall be believed on his mere affirmation with regard to the value of a thing where he has proved in contestation of the heir that the thing existed in the succession.

(2) Where the heir demands it, he may in such case only confirm on oath that his valuation is made in good faith.

Art. 1057.- Loss of thing.

The heir may not free himself from his obligation by alleging facts which have happened after the closure of the liquidation in consequence of which facts the value of the thing which he received has been diminished or has disappeared.

Art. 1058. Obligation of legatees by singular title.

(1) The creditors of the succession who appear after the closure of the liquidation may not claim the payment of what is due to them from a legatee by singular title except up to the extent of the value of the property which such legatee has received from the succession.

(2) A legatee by singular title shall only be liable in default of the heir

(3) He may exercise against the creditor who sues him the rights given to a guarantor under the Title of the Code relating to “Contracts in General” (Art. 1920-1951)

Art. 1059.- Recourse of legatee.

(1) A legatee by singular title who has paid a debt of the succession shall substitute himself for the creditors of the heir.

(2) He shall have no recourse against other legatees by singular title.

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