Law of Succession Glossary Part-One

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Plain-English Glossary of Key Legal Concepts

This glossary explains the core concepts of succession law in plain English. Entries are grouped thematically and include the relevant article reference. Where a concept is easily misunderstood or has practical implications worth highlighting, a note is added.

1. Foundations

Succession Art. 826The legal process by which a deceased person’s estate — their property, rights, and debts — is transferred to others. Think of it as the law’s way of answering: “Who gets what, and who owes what, after someone dies?” Note: The estate includes both assets (things the deceased owned) and liabilities (debts they owed). Not everything transfers — some rights, like personal licences or certain contracts, simply end at death.
Opening of Succession Art. 826(1)The moment the succession process formally begins. This happens automatically at the time of death and is tied to the place where the deceased had their main home (principal residence). The location matters because it determines which court has authority and which country’s law applies.
The Inheritance Art. 826(2)The total package of the deceased’s transferable rights and obligations. This is everything that can legally pass to someone else — assets like property, bank accounts, and business interests, as well as debts and ongoing contracts. Rights that are personal to the deceased (such as a professional licence) are not included.
The Deceased Art. 826The person whose death has triggered the succession. Their estate forms the inheritance that will be distributed.

2. Who Can Inherit

Heirs Art. 826(2), 829(3)People entitled to receive the deceased’s estate. There are two types: heirs-at-law (entitled by the rules of intestacy when there is no will) and legatees (named in a will). Both are commonly referred to as “heirs,” but the legal basis for their entitlement differs.
Legatees Art. 826(2)Individuals or organisations specifically named in a will to receive part of the estate. A legatee might receive a particular item (“my car to my nephew”), a fixed sum, or a share of the overall estate.
Heirs-at-Law Art. 829(3)People who inherit automatically under the law when the deceased left no will — or when a will does not cover everything. The law sets out a fixed order of priority (typically spouse, children, then more distant relatives). They do not need to be named anywhere; their entitlement flows from their relationship to the deceased.
Capacity to Succeed Art. 830The basic legal eligibility to inherit. Two conditions must be met: the heir must have been alive (or legally recognised as existing) at the time of the deceased’s death, and they must not have been disqualified through “unworthiness” (see below). Note: A person who meets both conditions has capacity. Losing capacity — for example, through an act of unworthiness — means they are treated as if they never stood to inherit.
Survival of the Heir Art. 831(1)For someone to inherit, they must have been alive at the exact moment the deceased died. If it cannot be proven that an heir survived the deceased — even by a moment — they cannot inherit from that estate. Note: This rule matters most in accidents or disasters where multiple family members die together. See also: Simultaneous Death.
Child Merely Conceived Art. 834A child who was conceived before the deceased’s death but not yet born at that time. Such a child can still inherit, provided they are subsequently born alive. The law treats them as having existed at the time of death for inheritance purposes.
Bodies Corporate Art. 835Companies, charities, associations, and other legal entities (not just individuals) can be named as beneficiaries in a will and receive a legacy. Their eligibility to receive is governed by the rules applicable to legal entities generally.
Status of Children Art. 836Whether a child is born within or outside marriage, or was adopted, has no effect on their right to inherit or on the size of their share. Adopted children are treated in exactly the same way as biological children for succession purposes. Note: This reflects a modern equal-treatment principle: succession rights follow the parent-child relationship, not the circumstances of a child’s birth or the legal form of family.
Sex, Age & Nationality Art. 837None of these characteristics affect an heir’s right to inherit. The law is explicit: a person’s gender, how old they are, or what nationality they hold makes no difference to their succession rights.

3. Types of Succession

Intestate Succession Art. 829(1)What happens when a person dies without leaving a valid will. In this case, the law itself decides who inherits and in what proportions, according to a fixed order of priority. The deceased’s closest relatives typically inherit first.
Testate Succession Art. 829(1)When the deceased left a valid will directing how their estate should be distributed. The will takes precedence over the default legal rules, within the limits the law allows (for example, certain close relatives may be entitled to a minimum share regardless of what the will says).
Mixed Succession Art. 829(2)A succession that is partly governed by a will and partly by the default legal rules. This happens when a will exists but does not dispose of the entire estate — the undisposed portion is distributed as if there were no will. Note: Example: a will leaves specific property to named individuals but is silent about everything else. The “everything else” passes to heirs-at-law under intestacy rules.

4. Special Situations

Simultaneous Death Art. 832When two or more people die in the same event and it cannot be established who died first (for example, in a car accident), the law treats each death as separate. Neither person is treated as having survived the other, so neither inherits from the other’s estate. Note: Each succession is handled independently. This prevents assets passing to someone who died at the same time, only to then need to be distributed all over again.
Death of Heir After Succession Opens Art. 833If an heir is alive when the deceased dies (so the succession opens and the heir’s entitlement arises), but the heir then dies before actually receiving their share, their inheritance rights pass to their own heirs. The entitlement does not disappear — it simply moves down one generation. Note: This is distinct from an heir who dies before the deceased, in which case the original heir never acquired any rights to pass on.
Representation Art. 831(3)A mechanism that allows a deceased heir’s descendants to step into that heir’s shoes and inherit in their place. If, for example, a child of the deceased has already died, that child’s own children (the grandchildren of the deceased) may inherit the share their parent would have received. Note: Representation operates as an exception to the survival rule — the deceased heir’s descendants can claim through them without needing to prove who survived whom.

5. What Is (and Is Not) Part of the Estate

Life Insurance Proceeds Art. 827Whether a life insurance payout forms part of the estate depends on who the policy names as beneficiary. If no beneficiary is named, or the policy simply says “my heirs,” the proceeds join the estate and are distributed accordingly. If a specific person is named, the payout goes directly to them and falls outside the estate entirely. Note: This distinction has significant practical consequences: proceeds that are part of the estate are available to creditors; those paid directly to a named beneficiary generally are not.
Pensions & Death-in-Service Payments Art. 828Payments made to a spouse or relatives specifically because of the deceased’s death — such as a survivor’s pension or employer death benefit — do not form part of the inheritance. They are compensation for the loss suffered by the recipient, not a transfer of the deceased’s own assets.

6. Disqualification from Inheriting

Unworthiness Art. 838A legal disqualification that strips a person of their right to inherit. It applies to serious wrongs against the deceased or their family, including: intentionally killing or attempting to kill the deceased; making false accusations against the deceased that result in severe punishment; and other grave acts defined by law. An unworthy person is treated as if they had never been an heir. Note: Unworthiness does not apply automatically — it must typically be declared by a court. It is a serious sanction reserved for the most serious misconduct.
Acts After Death Art. 839Conduct by a potential heir after the deceased has died does not trigger unworthiness. The disqualification is based on acts committed during the deceased’s lifetime (or in connection with their death). Post-death behaviour, however reprehensible, does not affect inheritance rights under this rule.
Interference with a Will Art. 840A separate ground for disqualification. A person becomes unworthy if, within three months of the deceased’s death, they prevent the deceased from making or changing their will, or if they destroy, conceal, or tamper with an existing will. This ground protects the deceased’s freedom to arrange their own affairs. Note: Note that this is distinct from the unworthiness rules based on crimes against the person — it specifically addresses interference with the deceased’s testamentary wishes.
Pardon by the Deceased Art. 841If the deceased knew of an heir’s unworthy act but chose to forgive them, they can restore that heir’s right to inherit by making an express statement to that effect in their will. The pardon must be written — implied or verbal forgiveness is not sufficient. Note: Once pardoned, the heir’s capacity to succeed is fully restored, as if the unworthy act had not occurred.

Article references are to the relevant provisions of the applicable Civil Code. This glossary is for informational purposes only and does not constitute legal advice.

Intestate Succession & Wills

Plain-English Glossary of Key Legal Concepts

This glossary covers two related areas of succession law: the rules that apply when someone dies without a will (intestate succession), and the rules governing how wills are made, interpreted, and revoked. Entries are grouped thematically. Practical notes are added where the concept is commonly misunderstood or has real-world consequences worth flagging.

PART ONE: INTESTATE SUCCESSION

PART ONE — Intestate Succession

What happens when someone dies without a valid will.

A. The Basics

Intestate Succession Arts. 842–856When a person dies without leaving a valid will, the law steps in and decides who inherits — and in what proportions. This automatic system is called intestate succession. The deceased’s relatives inherit in a fixed order of priority, from closest to most distant. Note: If a will exists but only covers part of the estate, the uncovered portion also falls into intestacy.
Descendants Arts. 842(3), 844(2), 853A person’s direct offspring — children, grandchildren, great-grandchildren, and so on. Descendants play a central role in intestate succession, both as first-priority heirs and as stand-ins (through representation) for a deceased parent.
Equal Portion Art. 842(2)When children of the deceased inherit directly, they each receive an identical share. The estate is divided equally among them regardless of age, gender, or the order in which they were born.

B. Order of Priority (The Four Relationships)

First Relationship Art. 842The first and highest-priority group of intestate heirs: the deceased’s children (and their descendants, if a child has already died). If anyone in this group survives, they inherit everything and no other tier is considered.
Second Relationship Arts. 843–844If the deceased left no surviving descendants, the estate passes to their parents — father and mother — who each receive half (a moiety). If only one parent survives, that parent takes everything in this tier; if neither survives, their own descendants (the deceased’s siblings, then nieces/nephews) may inherit in their place.
Third Relationship Art. 845If neither descendants nor parents (or their descendants) survive, the estate passes to grandparents. The paternal grandparents share one half of the estate between them; the maternal grandparents share the other half. If one grandparent has already died, their share may pass to their own descendants.
Fourth Relationship Arts. 847–848The final tier: great-grandparents. The same half-and-half split between paternal and maternal lines applies. Within each line, surviving great-grandparents share equally. If the entire paternal or maternal line has died out at this level, their descendants may inherit; if a line has no heirs at all, its half passes to the other line. Note: If no relatives survive in any of the four relationships, the entire estate passes to the State.
Moiety Arts. 844(1), 845(2), 848(1)Simply means one half. The term is used to describe how the estate is divided between the paternal and maternal lines when the deceased’s parents are not the inheriting tier — each line is entitled to its moiety.

C. Representation & How Shares Are Calculated

Representation Arts. 842(3), 844(2), 853If an heir has already died before the deceased, their share does not disappear — it passes to their own descendants, who “stand in” for them. This is called representation. It ensures that a branch of the family is not completely cut out just because an intermediate family member died first. Note: Example: if one of three children of the deceased has already died but left two grandchildren, those grandchildren together inherit the share their parent would have received.
Per Stirpes Art. 853(1)The method of dividing an estate when representation applies. Instead of splitting everything equally among all surviving individuals (per capita), the estate is divided by branch (stirpes). Each branch gets the same share their ancestor would have taken, which is then divided among that branch’s survivors. Note: Per stirpes protects fairness across family lines: a branch with many descendants does not automatically receive more than a smaller branch.
Bond of Legal Relationship Art. 856Representation is only available to people who have a genuine family connection to the deceased. Unrelated persons — no matter how close they were in practice — cannot use representation to claim inheritance rights. The legal family tie is essential.

D. Origin-Based Property Rules

Paterna Paternis / Materna Maternis Arts. 849–851Literally “paternal property stays with the paternal side; maternal property stays with the maternal side.” This rule applies to immovable property (real estate) that the deceased inherited or received as a gift from one side of the family. Such property cannot simply cross over to the other side of the family in intestacy — it is kept within the line it came from, up to the level of grandparents. Note: Example: if the deceased inherited a house from their paternal grandmother, that house must pass to a paternal-line heir, not a maternal-line heir. The maternal line has no claim to it.
Immovable Property Art. 849Real estate — land and buildings. In the context of intestate succession, immovable property that came from one family line is subject to the paterna paternis rule and cannot freely cross to the other line.
Usufruct Art. 850When the paterna paternis rule prevents an heir from taking full ownership of a property (because it must remain in the other line), they may instead be granted a usufruct — the right to use and enjoy the property during their lifetime, without owning it outright. No compensation is paid for this restriction. Note: Think of it as a right to live in or rent out the property, but not to sell it. Full ownership remains with the correct family line.
Devolution upon Another Line Arts. 846, 848(1)Within the third and fourth relationship tiers, if a grandparent or great-grandparent dies leaving no descendants, their share passes to the other surviving heirs within the same line. If an entire line (paternal or maternal) has no surviving heirs at all, its full half-share crosses over to the other line.

E. Exclusions & Special Cases

Renunciation Art. 854An heir can voluntarily refuse to accept their inheritance — this is called renunciation. If they do, they are treated as if they never inherited. Importantly, their descendants cannot then represent them: renunciation cuts off that branch of the family from the estate entirely. Note: This is different from dying before the deceased. A predeceased heir’s descendants can still represent them; a renouncing heir’s descendants cannot.
Unworthiness (in Intestacy) Art. 855An heir found legally unworthy (see the general glossary) is excluded from the succession. Like renunciation, unworthiness also blocks their descendants from representing them. Note: Both renunciation and unworthiness sever the family branch’s connection to the estate at that point.
Devolution upon the State Art. 852If the deceased left absolutely no surviving relatives across all four relationship tiers, their entire estate passes to the State. The State inherits as a last resort — it is not treated as an heir in the ordinary sense, but it receives the estate to prevent it from having no owner.
Paternal Line Arts. 845(2), 848(1), 849The side of the family traced through the deceased’s father: paternal grandparents, great-grandparents, and their descendants. The paternal line has its own entitlement (typically a moiety) in the third and fourth relationship tiers, and property originating from this side is subject to the paterna paternis rule.
Maternal Line Arts. 845(2), 848(1), 849The side of the family traced through the deceased’s mother: maternal grandparents, great-grandparents, and their descendants. Mirrors the paternal line in terms of entitlement and property restrictions.
PART TWO — Wills

How wills are made, what makes them valid, and how they end.

F. What a Will Is

Will Arts. 857, 859A legal document in which a person (the testator) sets out how they want their property distributed after death. A will only takes effect at death; until then, it can be changed or cancelled at any time. It is a strictly personal act — no one else can make it, alter it, or revoke it on the testator’s behalf.
Strictly Personal Nature Art. 857A will must be the testator’s own act. They cannot delegate the task of making, changing, or revoking it to another person — not even to a trusted attorney or family member. Any purported delegation of this kind is ineffective.
Joint Wills Art. 858A document signed by two or more people intending it to serve as all of their wills. This is not permitted — joint wills are automatically invalid. Each person must make their own separate will. Note: The concern is that joint wills may compromise each person’s freedom to change their mind independently.
Undertaking Relating to Wills Art. 859Any agreement to make a will in a particular way, or to refrain from changing or revoking it, is unenforceable. Even if someone promises another person “I will leave you everything in my will,” that promise cannot be legally enforced. The testator always retains the right to change their mind.

G. Who Can Make a Will

Capacity to Make a Will Arts. 860–861Not everyone can make a legally valid will. The law sets out specific conditions — particularly for minors and people under judicial interdiction — to ensure the testator genuinely understands what they are doing. The detailed rules are found in the title on legal capacity.
Judicially Interdicted Person Art. 862Someone who has been placed under a formal court-ordered legal restriction (typically due to a mental condition). Such a person can still make a will if the court finds that the specific provisions were made during a period of clarity, unaffected by their condition. However, any legacies are capped at 10,000 Ethiopian dollars, and heirs-at-law are guaranteed at least three-quarters of the estate.
Insanity Art. 863A will is only invalidated by insanity if the testator was notoriously insane at the specific time they made the will. A general history of mental illness is not enough — what matters is the testator’s mental state at the moment of execution.
Legally Interdicted Person Art. 864Unlike judicial interdiction, a legal interdiction (a restriction imposed as a legal sanction, e.g., following a criminal conviction) does not affect a person’s capacity to make a will. They retain full testamentary freedom.

H. What Makes a Provision Valid or Invalid

Execution Impossible Art. 865A will provision is void if it is so vague that it cannot be carried out — for example, if it is unclear who the beneficiary is, or what exactly is being left to them. Clarity is essential: a provision that cannot be meaningfully interpreted is treated as if it does not exist.
Illicit Provisions Art. 866Any provision in a will that requires something illegal or contrary to public morality cannot be enforced. The law will not give effect to a legacy that is conditional on the beneficiary doing something unlawful.
Nullity of a Provision Art. 878If one provision in a will is found to be invalid, this does not automatically invalidate the rest of the will. Each provision stands or falls on its own — unless it is clear that the testator would not have made the other provisions at all without the invalid one.
Nullity of Conditions or Burdens Art. 879If a legacy is made subject to a condition or obligation that is impossible to fulfil or is illegal, the condition or burden is simply struck out. The legacy itself remains valid — the beneficiary receives it free of the unenforceable condition.
Error Art. 877A mistake by the testator invalidates a provision only if the error was decisive (i.e., the testator would not have made the gift if they had known the truth) and the error is clearly apparent from the will itself or from documents it refers to. Contract rules on mistake apply by analogy.

I. Influence & Suspicious Gifts

Violence Art. 867If the testator was threatened or coerced into making a particular provision, that provision can be voided. The rules that apply to contracts made under duress apply equally here.
Undue Influence Art. 868Moral pressure or emotional manipulation alone — even if significant — is generally not enough to invalidate a will provision. The law recognises that people are naturally influenced by those around them. However, specific categories of persons (guardians, physicians, clergy, notaries) are subject to stricter scrutiny.
Suspicious Gifts — Guardians & Tutors Art. 869A legacy left to a guardian or tutor may be reduced or invalidated by a court if the testator died before turning 20. The concern is that those in a position of authority over a young person may have unduly influenced them. An exception applies if the beneficiary is an ascendant (e.g., a parent who is also the guardian).
Suspicious Gifts — Physicians & Clergy Art. 870Gifts to doctors or spiritual advisers who provided care within six months of the testator’s death are treated with suspicion. A court can reduce or void them — unless the beneficiary is a relative or spouse of the testator.
Suspicious Gifts — Notaries & Witnesses Art. 871Legacies to a notary or witness involved in making the will can also be reduced or invalidated. Their involvement in the execution of the will creates a conflict of interest that the law guards against.
Suspicious Gifts — Spouse Art. 872A legacy to a spouse may be reduced or invalidated by a court if the testator had descendants from a different relationship. The purpose is to protect children from a different union from being disadvantaged.
Intermediaries Art. 873The suspicious-gift rules extend to close relatives and connected parties of those in Arts. 869–871 — so a gift to the guardian’s child, for example, may also come under scrutiny.
Reduction or Invalidation Request Art. 874Only certain people — descendants, ascendants, and the spouse — can challenge a suspicious gift. The challenge must be filed within three months of being asked to perform the legacy. Miss the deadline, and the right to challenge is lost.
Fraud Art. 876If a beneficiary used dishonest tactics to ingratiate themselves with the testator, the will provision in their favour cannot be invalidated on that basis alone. Fraud by the beneficiary is not a recognised ground for voiding a legacy. Note: This may seem counterintuitive, but the law is protective of testamentary freedom — it requires a high bar to override a testator’s expressed wishes.

J. Forms of Will

Public Will Arts. 880(a), 881–883A will made formally in the presence of witnesses. The testator either writes it themselves or dictates it, and it must be read aloud before at least four witnesses (or two witnesses and a notary or court registrar). All present must sign it. This is the most formal and legally secure type. Note: Witnesses must be able to read, hear, and understand the language of the will — otherwise the will is void.
Holograph Will Arts. 880(b), 884–886A will written entirely by hand by the testator, dated, and signed. It cannot be typed or printed — the handwriting must be the testator’s own throughout. If the testator cannot read or understand the language used, the will is invalid. Note: A holograph will expires after seven years if it has not been deposited with a notary or court registry. It must be re-confirmed to remain valid.
Oral Will Arts. 880(c), 892–894A verbal statement of last wishes made in front of two witnesses when the testator believes death is imminent. This is an emergency measure with very limited scope: it can only cover funeral arrangements, small legacies (up to 500 Ethiopian dollars), and the appointment of a guardian for minor children. Note: An oral will expires automatically three months after it is made if the testator survives.
Witness Capacity Art. 883Witnesses to a public will must be able to read, hear, and understand the language the will is written in. A witness who does not meet this standard makes the will void — not just their own witnessing of it, but the entire document.
Deposit of Wills Art. 891Public and holograph wills can — and for holograph wills, should — be deposited with a notary or court registry for safekeeping. Deposited wills are recorded in a register. This protects against the will being lost, destroyed, or disputed.

K. Proof, Revocation & Lapse

Proof of Will Arts. 896–897If someone claims under a will, the burden is on them to prove it exists and to establish its contents. The original or a certified copy is normally required before the will can be acted upon.
Revocation Arts. 898–900A testator can cancel their will at any time while alive. Revocation can happen in three ways: expressly, by making a new will that cancels the old one; by physically destroying or marking out the will; or indirectly, by disposing of property during their lifetime that the will had intended to leave to someone.
Lapse of Will Arts. 902–907A will — or a provision within it — can expire without ever being formally revoked. Key examples: an oral will lapses three months after it is made if the testator survives; a holograph will lapses after seven years if not deposited. A specific legacy also lapses if the intended beneficiary dies before the testator, or refuses the gift.
Representation in Legacy Art. 908If a legatee dies before the testator, the gift would normally lapse. However, if the gift was of a universal or general nature, the legatee’s own descendants may step in and receive it in their place — just as representation works in intestacy. For smaller, specific gifts, this only applies if the alternative would be for the gift to fall to the State.

Article references are to the relevant provisions of the applicable Civil Code. This glossary is for informational purposes only and does not constitute legal advice.

Testamentary Dispositions & Estate Liquidation

Plain-English Glossary of Key Legal Concepts

This glossary covers two connected areas: how a testator structures the distribution of their estate through a will (testamentary dispositions), and how that estate is actually settled after death (liquidation). Part One deals with the types of gift a will can make and the conditions or restrictions that can be attached to them. Part Two covers who manages the estate, how debts are handled, and how disputes are resolved.

PART ONE — Testamentary Dispositions

How a testator directs the distribution of their estate through a will.

A. Fundamentals

Testamentary Disposition Art. 909Any instruction in a will about what should happen to the testator’s estate after death. This is a broad term covering everything from naming who inherits property, to appointing guardians, to giving funeral directions, to deliberately excluding someone from inheriting.
Interpretation of Will Art. 910When the meaning of a will is unclear, the starting point is always what the testator most likely intended, based on the language used and the circumstances surrounding the will. However, where the words are plain and unambiguous, courts apply them strictly — they do not rewrite clear language in the name of apparent intent.
Presumption in Will Art. 911Vague or general phrases in a will — such as “my property” or “my heirs” — are presumed to refer to the testator’s situation at the time of their death, not at the time the will was written. This presumption can be overridden if the will contains clear evidence that a different meaning was intended. Note: Example: if a will written years earlier says “I leave my car to X,” the car the testator owned at death — not the one they had when they wrote the will — is what passes.

B. Types of Legacy

Legacy by Universal Title Arts. 912(1), 915A gift of the entire estate, or a defined fraction of it (such as one half or one third), to one or more people. A universal legatee steps into the shoes of an heir — they receive not just assets but also take on responsibility for the deceased’s debts, up to the value of what they receive. Note: Example: “I leave my entire estate to my sister” or “I leave half my estate equally to my two children” are both legacies by universal title.
Legacy by Singular Title Art. 912(2)A gift of a specific item or right — a named piece of property, a bank account, a car, a painting — rather than a share of the overall estate. A singular legatee receives only that specific asset and does not generally become responsible for debts. Note: Example: “I leave my apartment at 14 Bole Road to my nephew” is a legacy by singular title.
Rule for Partition Art. 913When a testator assigns specific property to a specific heir in their will, this is normally treated as a guideline for how to divide the estate rather than as a legacy. It tells the executor how to allocate assets, but does not change who is entitled to what share. The testator can override this by making clear they intend it as an actual gift.
Legacy to the Poor Art. 925A bequest specifically to “the poor” is valid. Unless the will specifies otherwise, it is presumed to benefit poor people in the area where the testator lived, and is administered by the relevant public authority.
Several Legatees Art. 926When a will names multiple beneficiaries for the same gift without specifying each person’s share, they divide it equally. If one of them refuses or cannot accept their portion, that portion passes automatically to the remaining co-beneficiaries — it does not fall back into the general estate.

C. Conditions & Obligations on a Legacy

Conditional Legacy Arts. 916–917A legacy that only takes effect, or only continues, if a specified condition is met. The law recognises two types: suspensive (the gift is delayed until the condition is fulfilled) and resolutive (the gift is received immediately but must be returned if the condition is later triggered).
Suspensive Condition Arts. 916, 919(2)A condition that must be fulfilled before the legatee is entitled to receive the gift. Until the condition is met, the legatee has no right to the legacy. A court can order the estate to provide security in the meantime to protect the legatee’s future interest. Note: Example: “I leave my house to my niece, provided she qualifies as a lawyer.”
Resolutive Condition Arts. 916, 919(1)A condition that, if triggered, ends the legatee’s right to keep the gift — they must return it. The legatee receives the legacy upfront but holds it subject to that risk. A court can order security to ensure restitution if the condition is later met. Note: Example: “I leave my house to my niece, but if she moves abroad permanently, it passes to my nephew.”
Charge Arts. 920–922An obligation placed by the testator on an heir or legatee to do something — or give something — for the benefit of a third party. Unlike a condition, a charge does not suspend or cancel the gift: the heir receives the legacy and is then obligated to perform. The charge cannot exceed the value of what the heir received. Note: Example: “I leave my estate to my son, on the condition that he pays 50,000 birr to my old housekeeper.”
Execution of Charge Art. 922The third party who benefits from a charge can demand that the heir actually fulfils it. If there is doubt about whether the heir will comply, a court can require the heir to provide security as a guarantee of performance.

D. Identifying Beneficiaries & Property

Determination of Beneficiary Art. 924A legacy is valid even if the will does not name the recipient precisely, as long as it provides a workable method for identifying them. The will can delegate the choice to another person — an heir, a universal legatee, or a member of a specified group — and courts can step in if the selection mechanism breaks down.
Determination of Subject Art. 927Similarly, a legacy does not need to specify exactly which item is given — it can identify a category and allow a choice to be made. If the will allows the legatee to choose, or if no one else is designated to choose, the legatee picks. If no choice is made within a reasonable time, the legatee selects by default.

E. Substitutions & Entail

Substitution Vulgaris Art. 928A backup legatee named in the will who steps in if the primary legatee cannot or will not accept the gift — for example, because they died before the testator, or because they refuse the legacy. It is a simple “if not A, then B” arrangement.
Entail Arts. 929–934A more complex arrangement where property passes first to one person (the holder in tail) and then, on a specified condition, must be transferred to a second person (the person called to succeed). The holder in tail cannot sell, mortgage, or give away the property in the meantime. Note: Example: “I leave my house to my son for his lifetime; on his death, it passes to my grandchildren.” Entails are limited to one transfer — the property cannot be locked up across multiple generations.
Holder in Tail Art. 929(2)The first recipient of entailed property. They have full use of the property but are legally bound to pass it on to the designated successor when the relevant condition arises. They cannot alienate (sell or encumber) the property.
Person Called to Succeed Arts. 929(3), 930The person designated to receive entailed property once the holder in tail’s interest ends. Importantly, they only need to have legal capacity at the time they are due to receive the property — not when the will was made or when the original gift took effect.
Prohibition of Alienation Arts. 931–934During the period between the original gift and the transfer to the successor, the holder in tail is prohibited from selling, mortgaging, or otherwise disposing of the entailed property. Any attempt to do so is unenforceable against the eventual successor. This prohibition cannot extend beyond one transfer.

F. Disinheritance

Disherison Arts. 937–939The deliberate exclusion of an heir from the succession. The law distinguishes between express disherison (explicitly named in the will) and tacit disherison (implied by giving everything to someone else). Disinheriting a descendant requires a justifying reason; disinheriting more distant relatives generally does not.
Express Disherison Arts. 937–938A direct, explicit statement in the will that a named heir is excluded. For descendants (children, grandchildren), a reason must be given — a bare exclusion without justification is not effective against them. Once expressly disinherited, the heir is treated as if they died before the testator. Note: The required justification typically relates to serious misconduct by the heir toward the testator or their family.
Tacit Disherison Art. 939An implied exclusion that results from the testator appointing a universal legatee who receives everything. This automatically cuts out heirs in the second, third, and fourth relationship tiers. However, descendants (first-tier heirs) are never excluded by implication — they must be expressly disinherited.

G. Arbitration of Succession Disputes

Arbitration in Succession Art. 941A testator can name arbitrators in their will to resolve disputes about how the estate is divided or liquidated. These arbitrators have the same powers as a court for that purpose. Separately, heirs and legatees can themselves agree to use arbitration rather than going to court.
PART TWO — Liquidation of Succession

How the deceased’s estate is settled: debts paid, heirs identified, and property distributed.

H. What Liquidation Is

Liquidation of Succession Art. 944The process of settling the deceased’s estate from start to finish. It involves identifying all heirs and legatees, taking stock of everything the deceased owned and owed, managing the estate in the interim, paying off debts, and finally distributing what remains to those entitled to it. Note: Liquidation is not instantaneous — it can take months or even years, particularly where the estate is complex or disputed.
Distinct Estate Art. 942Until liquidation is complete, the deceased’s estate is treated as a legally separate pool of assets — distinct from the personal property of each heir. This separation is essential for fairness and creditor protection: the estate must be settled as a whole before heirs can treat any of it as their own.
Security of Creditors Art. 943During liquidation, the deceased’s creditors have exclusive priority over the estate’s assets. The heirs’ own personal creditors have no claim over the estate — they cannot use it to recover debts the heirs personally owe. This protects the deceased’s creditors from being disadvantaged by an heir’s pre-existing financial problems.

I. The Liquidator

Liquidator Art. 946The person (or persons) responsible for managing and settling the estate. They act as the estate’s administrator throughout the liquidation process. A liquidator can be appointed by law (heirs-at-law by default), by the will (a named executor), or by a court.
Heirs-at-Law as Liquidators Art. 947When someone dies, their heirs-at-law automatically become the liquidators — unless the will names someone else. If there are multiple heirs-at-law, they act jointly in this role.
Testamentary Executor Art. 948(1)A liquidator specifically named in the will. The testamentary executor takes precedence over all other potential liquidators. Appointing an executor is a way for the testator to ensure someone they trust manages the estate.
Universal Legatees as Liquidators Art. 948(2)–(3)If the will names universal legatees (people who receive all or part of the estate) but no executor, those legatees become the liquidators. If heirs-at-law also exist, the legatees and heirs-at-law may act jointly.
Judicial Liquidation Art. 950When the normal rules for appointing a liquidator break down — because the heirs are unknown, because all heirs have renounced liquidation, or because the estate is passing to the State — a court steps in and appoints a liquidator.
Replacement Liquidator Art. 951If a liquidator is unable or unwilling to continue — due to disputes, incapacity, or simply failing to act — a court can replace them with a notary or another suitable person.
Voluntary Liquidation Art. 953No one is compelled to act as a liquidator. The role must be accepted voluntarily. However, once accepted, the liquidator takes on legal responsibilities and cannot simply walk away without proper notice.
Resignation of Liquidator Art. 954A liquidator who wishes to resign must give proper notice or arrange for a replacement first. Resigning at an inconvenient moment — for example, mid-way through a critical transaction — can expose the liquidator to liability for any loss caused.

J. Duties & Accountability of the Liquidator

Duties of Liquidator Art. 956The liquidator’s core responsibilities are: searching for any will; identifying all heirs and legatees; taking stock of and managing the estate’s assets; paying the deceased’s debts and taxes; and finally distributing what remains. They are the estate’s caretaker from death to final distribution.
Limitation of Powers Art. 957The testator (or a court) can restrict what the liquidator is authorised to do. If a liquidator exceeds those limits, they may face personal liability — but their actions can still be valid against third parties who were unaware of the restriction. The restriction is an internal constraint, not necessarily an external one.
Several Liquidators Art. 958When multiple liquidators are appointed, they must act jointly unless the will or court order specifies otherwise. Tasks can be delegated among them, but collective responsibility generally applies.
Remuneration of Liquidator Art. 959A liquidator is entitled to be paid for their work. The amount is set by the will, by agreement among the heirs, or — if neither applies — by a court.
Rendering Accounts Art. 960When the liquidation is complete, the liquidator must produce a full account of everything they did — what was received, what was paid, and what is being distributed. Interim accounts can also be required at agreed or court-set intervals during a long liquidation.
Liability of Liquidator Art. 961A liquidator is personally liable for any loss caused by their negligence or fault. Courts have discretion to reduce or waive this liability if the liquidator acted in good faith and made a reasonable — if ultimately wrong — decision.
Security for Liquidator Art. 952On the application of any interested party, a court can require the liquidator to provide a financial guarantee (security) that they will perform their role properly. This protects heirs and creditors against a liquidator who might mismanage the estate.

K. Finding & Opening the Will

Search for a Will Art. 962One of the liquidator’s first duties is to determine whether the deceased left a will. This includes examining the deceased’s papers and making enquiries of notaries and courts where a will might have been deposited.
Duty to Declare a Will Art. 963Anyone who knows of or possesses a will — regardless of whether they think it is valid — must inform the liquidator. Withholding a will, even one that appears defective, is a breach of this duty.
Deposit of Will Art. 964Once a will is found or handed over to the liquidator, it must immediately be deposited with a notary or court for safekeeping. This applies to public wills, holograph wills, and written oral wills.
Opening of Will Art. 965–966The formal reading of the will. This normally takes place 40 days after the death, or within one month if the will is discovered late. If there is urgency — for example, where a perishable asset needs to be dealt with — the opening can be brought forward.
Publicity of Will Opening Art. 968The primary heirs-at-law must be invited to attend the opening. At least four competent persons must witness the reading. This requirement ensures transparency and reduces the risk of the will being read in secret or selectively.

L. Distribution & Disputes

Order of Partition Arts. 971–972Once the liquidator has settled debts and identified who is entitled to what, they propose a distribution plan — called the order of partition. This is communicated to all interested parties (heirs, legatees, creditors) for review before it is finalised.
Action of Nullity Arts. 973–974A formal legal challenge to the validity of the will itself, or to the liquidator’s proposed distribution. People who attended the will opening have 15 days to file a challenge. Those who were not present have longer, but all challenges are subject to a five-year outer time limit after which no challenge is possible.
Provisional Measures Art. 975When a challenge to the will or distribution is underway, the court can order interim steps to prevent the estate from being damaged or depleted while the dispute is resolved — for example, freezing certain assets or appointing a temporary manager.
Proof of Will Arts. 896–897The burden of proving that a will exists and establishing its contents falls on the person claiming under it. In practice, this means producing the original will or a certified copy before it can be acted upon.

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