Article 1599. When a person dies, his succession devolves to the heirs.
An heir can lose his right to inheritance only under the provisions of this code or other laws.
Article 1600. Subject to the provisions of this code, the estate of a deceased includes his property of any kind, as well as his rights, obligations and responsibilities, with the exception of those which, by virtue of the law or their nature , are purely personal to him.
Article 1601. The heir is not bound beyond the property devolved to him.
Article 1602. When a person is deemed dead by virtue of the provisions of article 62 of this code, the succession devolves to the heirs.
If it is proven that this person is alive or that he died on a date different from that indicated in the judgment of disappearance, the provisions of article 63* of this code apply with regard to his heirs. .
Article 1603. The succession devolves to the heirs by legal right or by will.
The heirs who are entitled to it under the law are called "legal heirs".
The heirs who are entitled to it by will are called "legatees".
[Amended by article 15 of the law promulgating the revised provisions of book I of the civil and commercial code BE 2535].
Article 1604. A natural person can only be heir if he has, at the time of the death of the deceased , the personality or is capable of rights under article 15 of the present code.
For the purposes of this section, a child is deemed to have been in the womb of its mother at the time of death if it was born or alive within three hundred and ten days following that time.
Article 1605. The heir who, fraudulently or with the knowledge of injuring other heirs, embezzles or conceals property up to or beyond his share in the succession, is absolutely excluded from the succession; if he diverts or conceals less than his share in the succession, he is excluded from the succession up to the amount of the part thus diverted or concealed.
This article does not apply to the legatee to whom a specific property has been bequeathed, as regards his right to receive this property.
Article 1606. The following are excluded from succession as unworthy:
The de cujus can lift the exclusion for unworthiness by a written pardon.
Article 1607. The effects of exclusion from the succession are personal. The descendants of the excluded heir succeed as if he were dead, but with regard to the property thus devolved, the excluded heir does not have the right of management and enjoyment provided for in Book V, Title II, Chapter III. of this code. In this case, article 1548 applies mutatis mutandis.
Article 1608. The de cujus can disinherit one of his legal heirs only by an express declaration of will:
The identity of the disinherited heir must be clearly indicated.
However, when a person has distributed all his property by will, all his legal heirs who are not beneficiaries of the will are deemed to be disinherited.
Section 1609. The declaration of escheat is revocable.
If the disinheritance has been made by will, the revocation can only be made by will; but if the disinheritance has been made in writing deposited with the competent official, such revocation may be made in the manner prescribed in article 1608, paragraphs 1 or 2.
Article 1610. When a succession devolves to a minor, to an insane person or to a person incapable of managing his own affairs within the meaning of article 32 of the present code, and that this person does not yet have a legal representative, custodian or curator, the court shall appoint a tutor, a custodian or a curator, as the case may be, at the request of any interested person or of the public prosecutor.
[Amended by article 15 of the law promulgating the revised provisions of Book I of the Civil and Commercial Code (BE 2535)].
Article 1611. The heir who is a minor, deficient or incapable of managing his own affairs within the meaning of this code may not, except with the consent of his parents, guardian, custodian or curator, as the case may be, and with court approval, do the following:
[Amended by article 15 of the law promulgating the revised provisions of Book I of the Civil and Commercial Code (BE 2535)].
Article 1612. Renunciation of a succession or refusal of a legacy is made by an express declaration of will in writing deposited with the competent official, or by a contract of compromise.
Article 1613. The renunciation of a succession or the refusal of a legacy cannot be partial or accompanied by a condition or a temporal clause.
The renunciation of a succession or the refusal of a legacy cannot be revoked.
Article 1614. If an heir in any way renounces a succession or refuses a legacy knowing that he is thus prejudicing his creditor, the latter has the right to claim the annulment of this renunciation or this refusal; but this is not the case if the person enriched by this act did not know, at the time of the renunciation or refusal, the facts which would make it prejudicial to the creditor; provided, however, that in the event of waiver or refusal made free of charge, mere knowledge on the part of the heir is sufficient.
After cancellation of the renunciation or refusal, the creditor may ask the court for authorization to accept the inheritance or the bequest instead of this heir.
In this case, after payment to the creditor of this heir, the possible remainder of his share in the succession goes to his descendants or to the other heirs of the de cujus, as the case may be.
Article 1615— The renunciation of a succession or the refusal of a legacy by an heir goes back, as to its effects, to the moment of the death of the de cujus .
Where the renunciation is made by a legal heir, his descendants, provided they are not persons in whose name a valid renunciation has been made by their parents, guardians or trustees, as the case may be, succeed by operation of law and have right to the portion equal to that which would have accrued to the renouncer.
Article 1616. If the descendants of the renouncer have acquired the inheritance in accordance with article 1615, the renouncer does not have the right of management and enjoyment provided for in book V, title II, chapter III of the present code, with regard to relates to property so inherited by his descendants, and Article 1548 applies mutatis mutandis .
Article 1617. If a person refuses a legacy, neither he nor his descendants have the right to receive the legacy thus refused.
Section 1618. .If the renunciation is made by a legal heir who has no descendants to inherit or if the refusal is made by a legatee, the part of the estate thus renounced or refused is distributed to the other heirs of the de cujus.
Article 1619. A person cannot renounce or otherwise dispose of the rights that he may possibly have to the succession of a living person.
Article 1620. When a person dies without having made a will, or if, having made a will, the latter has no effect, the whole of his succession is distributed among his legal heirs in accordance with the law.
Where a person dies after making a will which only disposes of or has effect for part of his or her estate, the part which has not been disposed of or is not affected by the will shall be divided among his legal heirs according to law.
Section 1620. When a person dies without having made a will, or if, having made a will, it has no effect, the whole of his estate is distributed among his legal heirs in accordance with the law.
Where a person dies after making a will which only disposes of or has effect for part of his or her estate, the part which has not been disposed of or is not affected by the will shall be divided among his legal heirs according to law.
Article 1621. Unless otherwise provided by the testator in his will, if a legal heir has received property under the will, he may still avail himself of his legal right of inheritance up to the extent of his legal share in the estate which does not was not alienated by the will.
Section 1622. A Buddhist monk cannot claim inheritance as a legal heir unless he leaves the monastery and asserts his claim within the statute of limitations specified in Article 1754.
However, a Buddhist monk can be a legatee.
Article 1623. All property acquired by a Buddhist monk during his life as a monk becomes, on his death, property of the monastery which is his domicile, unless he disposed of it during his lifetime or by will.
Section 1624. Property belonging to a person before he entered the life of a Buddhist monk does not become the property of the monastery and devolves to his legal heirs, or may be alienated in any way according to law.
Section 1625. If the deceased was married, the liquidation of assets and the division of the estate between the deceased and the surviving spouse are carried out as follows:
Article 1626. After the application of article 1625, paragraph 1, the distribution of the succession between the legal heirs is carried out as follows:
Article 1627. The illegitimate child legitimized by his father and the adopted child are considered as descendants in the same way as legitimate children within the meaning of this code.
Article 1628. Spouses who live separated from bed and board due to desertion or separation do not lose the statutory right to inherit from each other as long as the divorce between them has not taken place in accordance to the law.
Article 1629. There are only six categories of legal heirs; and subject to the provisions of article 1630, paragraph 2, each class has the right to inherit in the following order:
The surviving spouse is also a legal heir, subject to the specific provisions of article 1635.
Article 1630. As long as there is a surviving or represented heir in a category referred to in article 1629, as the case may be, the heir of the lower category has no right to the succession of the deceased.
However, the preceding paragraph does not apply to the particular case where there is a surviving or represented descendant, as the case may be, and the parents or one of them are still surviving; in this case, each parent is entitled to the same share as an heir in the degree of the children.
Section 1631. Between the descendants of different degrees, only the children of the de cujus have the right to inherit. Descendants of lower order can only receive the inheritance by right of representation.
Article 1632. Subject to the provisions of article 1629, last paragraph, the distribution of the inheritance between the legal heirs of the different categories of relatives is carried out in accordance with the provisions of part I of this chapter.
Article 1633. The legal heirs of the same class in one of the classes referred to in article 1629 are entitled to equal shares. If there is only one legal heir in that class, he is entitled to the entire share.
Article 1634. Between the descendants entitled, on a representative basis, to the equal sharing provided for in Chapter IV of Title II, the sharing is carried out as follows:
Article 1635. The surviving spouse is entitled to the inheritance of the deceased in the category and according to the division provided for below:
Section 1636. If the de cujus left several surviving wives who acquired their legal status before the entry into force of Book V of the Civil and Commercial Code, all these wives jointly have the right to inherit in the class and according to the division provided for in l 1635. However, between them, each secondary wife has the right to inherit half of the share to which the primary wife is entitled.
Section 1637. If a surviving spouse is the beneficiary of life insurance, he is entitled to the full amount agreed with the insurer. But he is bound to indemnify the Sin Derm or the Sin Somros of the other spouse, as the case may be, by restoring the sums paid as premiums which are proved to have exceeded the amount of the sums which could be paid. as premiums by the deceased, taking into account his income or his usual situation in life.
The amount of the premiums to be returned under the preceding provisions may under no circumstances be greater than the sum paid by the insurer.
Article 1638. Where both spouses have placed money in a contract under which an annuity is payable to each of them during their life together and thereafter to the survivor for life, the latter is bound to indemnify the Sin Derm or the Sin Somros of the other spouse, as the case may be, insofar as this Sin Derm or Sin Somros was used for this investment. This compensation from Sin Derm or Sin Somros is equal to the additional sum required by the debtor of the annuity to continue to pay the annuity to the surviving spouse.
Article 1639. If a person who would have been heiress under article 1629, paragraphs 1, 3, 4 or 6, died or was excluded before the death of the de cujus, his descendants, if any, represent her to receive the inheritance. If any of his descendants has died or been similarly excluded, the descendants of those descendants represent him to receive the inheritance and the representation takes place in this manner for each person's share consecutively until the end shares.
Article 1640. When a person is deemed dead in accordance with the provisions of article 65 of this code, there may be representation for the purpose of receiving the inheritance.
Article 1641. If a person who would have been heiress under article 1629, paragraphs 2 or 5, is deceased or has been excluded before the death of the de cujus, the whole of the share devolves to the other surviving heirs, if there are, of the same class, and there is no representation.
Article 1642. Representation with a view to concealment of inheritance takes place only between the legal heirs.
Article 1643. The right of representation with a view to concealment of inheritance belongs only to direct descendants, ascendants not having this right.
Article 1644. A descendant cannot represent for the purposes of receiving the inheritance unless he has a complete right to the inheritance.
Article 1645. Renunciation of the inheritance of a person does not prevent the renouncer from representing him to inherit from another person.
Article 1646. Any person may, in anticipation of his death, make by will a declaration of will relating to dispositions relating to his property or to other matters, which shall take effect according to the law after his death.
Article 1647. The declaration of will mortis causa will be the latest within the imperative period provided for by the will.
Section 1648. The will must be made in the forms prescribed in Chapter II of this title.
Article 1649. The administrator of the succession designated by the deceased has the power and the duty to organize the funeral of the deceased, unless another person has been specially designated by the deceased for this purpose.
If there is no administrator, nor a person designated by the deceased to organize the funeral, nor a person charged by the heirs to organize the funeral, the person who received the most property by will or by statutory right has the power and the duty to organize the funeral, unless the court, on the application of any interested person, sees fit to appoint another person for this purpose.
Article 1650. Expenses creating an obligation in favor of the person who organizes the funeral may be claimed by virtue of the right of preference provided for in article 253, paragraph 2, of this code.
If the funeral is delayed for any reason, any person entitled under the preceding article must set aside a reasonable sum of money from the assets of the estate for this purpose. In the absence of agreement on the amount to be reserved or in the event of opposition, any interested person may take the case to court.
In any case, the costs or the money intended for the organization of the funeral can only be reserved up to the amount corresponding to the social situation of the deceased and provided that the rights of the creditors of the deceased do not not be harmed.
Section 1651. Subject to the provisions of Title IV:
In case of doubt, the legatee is presumed to be a particular legatee.
Article 1652. A ward cannot make a bequest in favor of his guardian or in favor of the spouse, an ascendant or a descendant or a brother or a sister of his guardian as long as the rendering of account of the guardianship provided for by articles 1577 and following of this code has not been completed.
Article 1653 The writer of the will or a witness thereto cannot be a legatee by virtue of this will.
The preceding paragraph also applies to the spouse of the writer or the witness.
The competent official who records the statement of the witnesses in accordance with article 1663 is considered to be a writer within the meaning of this article.
Article 1654. The capacity of the testator must not be considered until the moment when the will is made.
The capacity of the legatee should only be considered at the time of the death of the testator.
Article 1655. A will can only be made in one of the forms prescribed by this chapter.
Article 1656. The will may be made in the following form, that is to say, it must be made in writing, dated at the time of the establishment of the will and signed by the testator before at least two witnesses present in same time, who then and there sign their name to certify the signature of the testator.
No deletion, addition or other modification in this will is valid unless it is made in the same form as that prescribed by this section.
Article 1657. A will can be made by a holographic document , that is, the testator must write with his own hand the entire text of the document, the date and his signature.
No deletion, addition or other modification of this will is valid if it is not made by the hand of the restorer and signed by him.
The provisions of section 9 of this code do not apply to a will established under this section.
Article 1658. A will may be made by a public act, that is to say,
No deletion, addition or other modification of this will is valid unless it is signed by the testator, the witness and the Amphoe of Kromakarn .
[According to Article 40 of the Administrative Organization of the State Act, BE 2495, all powers and duties relating to official office, determined by law to belong to the Amphoe of Kromakarn , are vested in the Amphoe of Nai ].
Article 1659. A will established by a public document may, on request, be established outside the office of the Amphoe .
Section 1660. A will can be made by a secret document, i.e.
No deletion, addition or other modification of this will is valid if it is not signed by the testator.
Section 1661. If a person who is deaf-mute or unable to speak wishes to make his will by a secret document, he must, instead of making the declaration provided for in article 1660, paragraph 3, write with his own hand, in the presence of the Amphoe Kromakarn and witnesses, on the cover of the document, a statement stating that the attached document is his will and adding the name and domicile of the author of the document, if applicable.
Instead of listing the testator's statement on the cover, the Amphoe Kromakarn certifies therein that the testator has complied with the requirements of the preceding paragraph.
Article 1662. A will made by a public deed or by a secret deed may not be disclosed by the Amphoe of Kromakarn to any other person during the lifetime of the testator, and the Amphoe of Kromakarn is bound to deliver such will to the testator whenever let him ask him.
If the will was made by a public deed, the Amphoe of Kromakarn must, before handing it over, make a copy under his signature and seal. This copy cannot be disclosed to any other person during the life of the testator.
Article 1663. When, in exceptional circumstances such as imminent danger of death, epidemic or war, a person is prevented from making his will in any of the prescribed forms, he may make an oral will.
To this end, she must declare her intention regarding the provisions of the will before at least two witnesses present at the same time.
These witnesses must without delay appear before the Amphoe Kromakarn and lay before him the dispositions that the testator declared to them orally, together with the date, place and exceptional circumstances in which the will was made.
The Amphoe Kromakarn notes the declaration of the witnesses and these two witnesses sign the declaration or, failing that, can make an equivalence of signature only by the affixing of a fingerprint certified by the signatures of the two witnesses.
Article 1664. A will made under the preceding article loses its validity one month after the time when the testator has again been enabled to make a will in another of the prescribed forms.
Article 1665. When the signature of the testator is required by virtue of articles 1656, 1658, 1660, the only equivalence to the signature is the affixing of a fingerprint certified by the signatures of two witnesses at the same time.
Article 1666. The provisions of article 9, paragraph 2, of this code do not apply to witnesses whose signature is required by virtue of articles 1656, 1658, 1660.
Article 1667. In the event that a Thai subject makes his will in a foreign territory, such will may be made either in the form prescribed by the law of the country where it is made, or in the form prescribed by Thai law.
When the will is made in the form prescribed by Thai law, the powers and duties of the Amphoe Kromakarn under Articles 1658, 1660, 1661, 1662, 1663 are exercised by:
Article 1668. Unless otherwise provided by law, the testator is not bound to reveal to the witness the contents of his will.
Section 1669. While the country is engaged in an armed conflict or is in a state of war, a person serving in or acting in the armed forces may make a will in the form prescribed in Sections 1658, 1660 or 1663; in this case, the military officer or higher ranking official has the same powers and duties as those of the Amphoe Kromakarn .
The provisions of the preceding paragraph apply mutatis mutandis to a person serving in the armed forces or acting within the framework of the latter, who, in the exercise of his functions for his country, draws up a will in a foreign country. engaged in an armed conflict or in a state of war; in this case, the military officer or official having the rank of officer has the same powers and functions as those of the Thai diplomatic or consular agent.
If the testator referred to in the preceding two paragraphs is ill or injured and is admitted to a hospital, the doctor in that hospital also has the same powers and obligations as those of the Amphoe of Kromakarn, the Thai diplomatic or consular agent , according to the case.
Article 1670. The following persons cannot be witnesses of the establishment of a will;
Section 1671. When a person other than the testator is the writer of a will, he must affix his signature thereto and add the mention that he is the writer.
If this person is also a witness, the declaration that he is a witness must be entered after his signature in the same way as for any other witness.
Article 1672. The Minister of the Interior, Defense and Foreign Affairs has the power and the duty, insofar as they are respectively concerned, to issue ministerial regulations for the application of the provisions of this book and for fixing the rates and related fees.
Article 1673. The rights and obligations resulting from a will take effect from the death of the testator, unless a condition or a temporal clause has been provided by the testator for it to take effect thereafter.
Article 1674. If a testamentary disposition is subject to a condition and the latter takes place before the death of the testator; if the condition is precedent, this provision takes effect on the death of the testator; if the condition is later, the provision has no effect.
If the condition precedent is fulfilled after the death of the testator, the testamentary disposition takes effect on the death of the testator but ceases to have effect when the condition is fulfilled.
However, if the testator has declared in his will that, in the case provided for by the two preceding paragraphs, the effect of the fulfillment of the condition would go back to the time of his death, this declaration of intention prevails.
Article 1675. When a bequest is subject to a condition precedent, the beneficiary of this testamentary disposition may ask the court to appoint an administrator of the bequeathed property until the condition is fulfilled or when its fulfillment becomes impossible.
If the court deems it appropriate, the plaintiff may himself be appointed administrator of the property and an appropriate guarantee may be required of him.
Article 1676. A will may instruct a person to create a foundation or directly determine the allocation of property to any purpose whatsoever, in accordance with the provisions of article 110 of this code.
Article 1677. In the case of a will creating a foundation in accordance with the preceding article, it is incumbent upon the heir or the administrator, as the case may be, to apply to the government for authorization to constitute it as a legal person in accordance with article 114 of this code, unless otherwise provided by will.
If the authorization of the Government has not been requested by the above-mentioned person, the request may be made by any interested person or by the Attorney General.
(Amended by Article 15 of the law promulgating the revised provisions of Book I of the Civil Code BE 2535).
Article 1678. When a foundation created by will has been incorporated as a legal person, the property assigned to its object by the testator shall be deemed to devolve to this legal person from the time the will takes effect, unless it be otherwise disposed of by will.
Article 1679. When the foundation cannot be organized in accordance with its object, the property devolves in accordance with what has been provided for in the will.
In the absence of such a provision, the court, at the request of the heir, the administrator, the public prosecutor or any interested person, allocates the assets to other legal persons whose object seems to be come as close as possible to the intention of the testator.
If this assignment cannot be made or if the foundation cannot come into being because it is contrary to the law or to public order or good morals, the testamentary disposition becomes ineffective.
Article 1680. The creditors of testators have the right to claim the annulment of the testamentary dispositions creating a foundation, only insofar as they are prejudiced by it.
Article 1681— If the property forming the object of the bequest has been lost, destroyed or damaged, and if, as a result of these circumstances, a substitute or a claim for indemnity has been acquired for this property, the legatee may claim delivery of the substitute received or claim the indemnity himself, if applicable.
Article 1682— When a legacy is made by release, assignment or claim, it has effect only up to the amount remaining due at the time of the testator's death, unless the will provides otherwise.
The provisions of articles 303 to 313 and 340 of this code apply mutatis mutandis; however, if an act or procedure should be performed by the testator under these articles, the person who must execute the legacy, or the legatee, may do so in his place.
Article 1683. A legacy made by the testator to one of his creditors is presumed not to have been made in payment of the debt due to this creditor.
Article 1684. When a clause of a will can be interpreted in several senses, the one which best assures the respect of the intention of the testator must be preferred.
Article 1685. When the testator has made a bequest by describing the legatee in such a way that he can be identified and there are several persons corresponding to the description of the legatee thus made by the testator, in case of doubt, all these persons are deemed to be entitled to equal shares.
Article 1686. A trust created directly or indirectly by will or by any juridical act producing its effects during life or after death has no effect.
Article 1687. If the testator wishes to dispose of his property in favor of a minor or of a person judged incapable or quasi-incapable or of a person admitted to a hospital for insalubrity of mind, but wishes to entrust custody and management to a person other than the parents, guardian, custodian or curator, he must appoint a controller of the property in his will.
This appointment of a controller of property cannot be made for a period longer than the minority or the decision of incompetence or quasi-incompetence or the duration of the hospital admission, as the case may be.
Article 1688. The appointment of the controller of property with respect to an immovable or a real right relating thereto is only complete if it has been registered by the competent official.
The same provision applies to ships of five tons or more, houseboats and draft animals.
[The second paragraph of article 1688 has been modified by article 15 of the law (no. 14) modifying the civil and commercial code, BE 2548].
Article 1689. With the exception of the persons referred to in article 1557 of this code, any natural or legal person enjoying full capacity may be appointed property controller.
Article 1690. The property controller may be appointed by:
Article 1691. Unless otherwise provided by the testator in his will, the controller of the property may designate by will another person to act in his place.
Section 1692. Unless otherwise provided by the testator, the property controller has, with regard to the property entrusted to him, the same rights and duties as the tutor within the meaning of Book V of this Code.
Section 1693. The testator may at any time revoke his will in whole or in part.
Article 1694. If an earlier will must be revoked in whole or in part by a subsequent will, the revocation is valid only if the latter is made in one of the forms prescribed by law.
Article 1695. When a will is recorded in a single document, the testator may revoke it in whole or in part by intentional destruction or annulment.
When the will is drawn up in several copies, the revocation is complete only if it is carried out on all the copies.
Article 1696. A testamentary disposition is revoked if the testator has intentionally effected a valid transfer of the property which is the subject of the will.
The same rule applies if the testator has intentionally destroyed these assets.
Article 1697. Unless the testator has otherwise declared his intention in his will, if it appears that a first and a second will are in conflict, the first is deemed to have been revoked by the second only for the parties in which their provisions conflict.
Article 1698. A testamentary disposition is null and void:
Article 1699. If a will or a clause of a will concerning any property has no effect for any reason whatsoever, this property devolves to the legal heirs or to the State, as the case may be.
Article 1700. Subject to the provisions of this chapter, a person may, by an act producing its effects during his lifetime or after his death, dispose of property by stipulating that this property shall be inalienable by the beneficiary of this provision, provided that the stipulator designate a person, other than the beneficiary of this provision, who will have an absolute right to this property in the event of violation of the inalienability clause.
The designated person must be capable or have rights at the time the act of disposal takes effect.
In the absence of such designation, the inalienability clause is deemed non-existent.
Article 1701. The inalienability clause stipulated in the preceding article may be either for a fixed term or for life.
If no duration has been set, inalienability is deemed to last for the lifetime of the beneficiary if it is a natural person, or thirty years if it is a legal person.
If the duration of the inalienability is specified, it cannot exceed thirty years; if it is longer, it is reduced to thirty years.
Article 1702. Any inalienability clause relating to movable property whose ownership is not subject to registration is deemed to be non-existent.
Any inalienability clause relating to an immovable or to a real right relating thereto is only complete if it is made in writing and registered by the competent official.
The provisions of the preceding paragraph apply with regard to ships of five tons or more, floating houses and beasts of burden.
[Article 1702, third paragraph, has been amended by Article 16 of the law amending the Civil and Commercial Code (No. 14), BE 2548].
Article 1703. A will made by a person who has not attained his fifteenth year is null.
Section 1704. A will made by a person deemed incapable is void.
A will made by a person who is presumed to be insane but who has not been found incapacitated, can only be voided if it is proved that at the time it was made the testator was in fact insane of insanity.
Article 1705. A will or a clause of a will is null if it is contrary to the provisions of articles 1652, 1653, 1656, 1657, 1658, 1660, 1661 or 1663.
Article 1706. A testamentary disposition is null:
Article 1707. If a testamentary disposition designates a legatee on the condition that the latter dispose of the property bequeathed in favor of a third party, this condition is deemed non-existent.
Article 1708. After the death of the testator, any interested person may petition the court for the annulment of a will on account of duress; but if the testator continues to live more than a year after ceasing to be under the influence of duress, this demand cannot be made.
Article 1709. After the death of the testator, any interested person may petition the court for the annulment of a will on account of error or fraud, only when the error or fraud is such that, without it, the will no longer would not have been done.
The preceding paragraph applies even if the fraud was committed by a person who is not the beneficiary of the will.
However, a will made under the influence of an error or fraud remains valid if the testator does not revoke it within one year following the discovery of the error or fraud.
Section 1710. An action for the annulment of a testamentary disposition may not be brought later than
However, if the testamentary disposition affecting the applicant's interests is unknown to him, even if the reason for cancellation was known to him, the three-month period runs from the moment when this disposition is known or should have been known to the applicant.
In any case, this action cannot be brought more than ten years after the death of the testator.
Article 1711. The administrators of an estate include persons appointed by will or by order of the court.
Article 1712. The administrator of the succession by will may be appointed:
Article 1713. Any heir or any interested person or the public prosecutor may request the court to appoint an administrator of the estate in the following cases:
This appointment is made by the court in accordance with the provisions of the will, if any. Failing such provision, the court may make the appointment for the benefit of the estate, taking into account the circumstances and the intention of the deceased, as it deems appropriate.
Section 1714. Where an administrator of the estate is appointed by the Court for a particular purpose, he is not required to make an inventory of the estate, unless the inventory is required for that purpose or by order of the Court .
Article 1715. The testator may appoint one or more persons as administrators of his estate.
Unless otherwise provided in the will, if several persons have been appointed administrators and if, as a result of the inability or refusal of some of them to act, only one remains, that person alone has the right to act as administrator; if several directors remain, it is presumed that they cannot act separately.
Article 1716. The duties of a court-appointed administrator begin on the day the court order is heard or deemed to be heard.
Article 1717. At any time during the year following the death of the de cujus, but after fifteen days of this death, any heir or interested person may notify the person appointed administrator by will to declare whether he accepts or refuses the office of 'administrator.
If the person thus given formal notice does not declare his acceptance within one month of receipt of this formal notice, he is deemed to have refused. However, acceptance can only be made after one year from the deceased's death with the permission of the court.
Article 1718. The following persons cannot be administrators of a succession:
Article 1719. The administrator of an estate has the right and the duty to perform all acts necessary to comply with the express or implied order of the will and for the general administration or distribution of the estate.
Section 1720. The administrator of the succession is responsible with regard to the heirs under the conditions provided for in articles 809, 812, 819 and 823 of this code, mutatis mutandis ; with regard to third parties, Article 831 applies mutatis mutandis.
Article 1721. The administrator of an estate does not have the right to collect remuneration from the estate, except if the will or the majority of the heirs allows it.
Article 1722. The administrator of a succession may not, except with the authorization of the will or of the court, conclude a juridical act in which he has an interest contrary to that of the succession.
Article 1723. The administrator of an estate must act personally, unless he can act through an agent by virtue of an express or implied authorization of the will, a court order or a requirement of the circumstances for the benefit of the succession.
Article 1724. The heirs are bound towards third parties by the acts which the administrator has done within the extent of his powers by virtue of his administration.
They are not bound by a legal act entered into by the administrator with a third party if this act was entered into in return for property or another benefit given for his personal benefit or which was promised to him by this person, unless the heirs have given their consent.
Section 1725. The administrator of the succession must take the necessary measures to find the persons concerned and notify them within a reasonable time of the testamentary dispositions concerning them.
Article 1726. If there are several administrators of an estate, the exercise of their functions is decided by a majority of votes, unless the will provides otherwise. In the event of a tie vote, at the request of any interested party, the decision is rendered by the court.
Article 1727. Any interested person may, before the partition of the estate has been completed, request the court to discharge an administrator for negligence in his duties or for any other reasonable reason.
Even after having assumed his duties, the director may resign for any reasonable cause, subject however to the authorization of the court.
Section 1728. The administrator of a succession must start making the inventory of the succession within 15 days:
Article 1729. The administrator of a succession must complete the inventory of the succession within one month from the time provided for in article 1728; but this period may be extended by authorization of the court at the request of the administrator before the expiry of the month.
The inventory is made in the presence of at least two witnesses who must be persons interested in the succession.
Persons who cannot be witnesses during the establishment of the will under article 1670 cannot be witnesses for the establishment of an inventory under the provisions of this code.
Section 1730. Between the heir and the administrator designated by will, and between the court and the administrator designated by the court, articles 1563, 1564, paragraphs 1 and 2, and article 1565 of this code apply mutatis mutandis.
Article 1731. If the administrator does not make an inventory in due time and in due form or if the inventory is not considered satisfactory by the court due to gross negligence, dishonesty or manifest incapacity of the administrator, the latter may be discharged by the court.
Section 1732. The administrator of an estate must perform his duties and complete the administration and distribution account within one year from the dates specified in Sections 1728, unless the period is otherwise fixed by the testator, by the majority of the heirs or by the court.
Article 1733. The approval, discharge or any other agreement relating to the management account provided for in article 1732, is only valid if this account has been delivered to the heirs with all the related documents no later than five years after termination of administration.
Article 1734. The creditors of a succession have the right to be paid only out of the property of the succession.
Article 1735. The heir is bound to reveal to the administrator all the assets and debts of the deceased of which he is aware.
Article 1736. As long as all the known creditors of the succession or of the legatees have not been disinterested by the benefit or the partition, the succession is deemed to be in the course of management.
During this period, the administrator has the right, as such, to carry out the necessary management acts, such as the introduction of actions or the presentation of legal responses, etc. He takes all the necessary measures to collect the debts of the succession as soon as possible. After disinteresting the creditors of the succession, he proceeds to the division of it.
Article 1737. A creditor of the succession may assert his claim against any heir. However, if there is an administrator of the estate, he must be summoned by the creditor to appear in the action.
Article 1738— Before the distribution of the succession, the creditor of the succession may demand from the latter the integral payment of his claim. In this case, each heir may, up to the time of the partition inclusively, demand that the execution be made on the succession of the de cujus or guaranteed by it.
After the partition of the succession, in any place other than this one, the creditor may demand execution from any heir up to the amount of the property he has received. In this case, the heir who has performed towards the creditor beyond his proportional share in the obligation has a right of recourse against the other heirs.
Section 1739. Without prejudice to creditors benefiting from a special privilege by virtue of the provisions of this code or of another law and creditors secured by a pledge or a mortgage, the debt due by the mass is paid in the following order and in accordance with the provisions of this code relating to privilege:
Section 1740. Unless otherwise provided by the de cujus or by law, his assets are allocated to the payment of debts in the following order:
The property affected by virtue of the preceding provisions is sold at public auction, but any heir may prevent this sale by paying, to the extent necessary for the satisfaction of creditors, the value of all or part of this property as it may be determined by a court-appointed assessor.
Article 1741. Any creditor of the succession may, at his expense, oppose the sale by auction or the valuation of the assets referred to in the preceding article. If, despite this opposition by the creditor, the sale by auction or the valuation is proceeded with, this cannot be opposed to the creditor who made this opposition.
Article 1742. If, during the lifetime of the deceased, a creditor has been designated as the beneficiary of a life insurance in payment of a debt towards him, he is entitled to the totality of the sum agreed with the insurer. He will only have to return the amount of the premiums to the estate of the deceased on proof of the other creditors:
Under no circumstances may the amount of premiums to be returned in this way exceed the amount paid by the insurer.
Article 1743. The legal heir or legatee by general title is not bound to execute legacies by particular title beyond the amount of the property he has received.
Article 1744. The administrator is not bound to deliver the estate or any part thereof to the heirs before one year has elapsed from the death of the de cujus, unless all the known creditors of the estate and legatees have been disinterested in the execution and the partition.
Article 1745. Until the distribution of the succession, the rights and duties of the co-heirs with regard to the succession are common, and articles 1356 to 1366 of the present code apply insofar as they are not contrary to the provisions of this book. Article 1746 Subject to the legal provisions or the clauses of the will, if any, the co-heirs are presumed to have equal shares in the joint ownership.
Article 1747. When an heir has received, during the deceased's lifetime, property or other advantages by gift or by other acts free of charge, the rights of this heir in the distribution of the succession cannot be impaired. .
Article 1748. Any heir in possession of the undivided succession has the right to request its partition even after the expiration of the limitation period provided for in article 1754. The right to request the partition provided for in the preceding paragraph cannot be excluded by a legal act for a period exceeding ten years at a time.
Item 1749. When an action for the division of a succession is brought before the court, any person claiming to be an heir entitled to this succession may intervene in the action.
The court may neither call for participation in the partition of heirs other than the parties or the intervener, nor reserve part of the estate for these other heirs.
Article 1750. The division of the succession may be effected by the taking possession of the property by each of the heirs or by the sale of the succession and the distribution of the proceeds of the sale between the co-heirs.
Article 1751. After the partition of a succession, if an heir is, as a result of eviction, deprived of all or part of the property attributed to him by virtue of the partition, the other heirs are bound to indemnify him.
This obligation ceases if there is an agreement to the contrary, or if the eviction results from the fault of the evicted heir or from a cause subsequent to the partition.
The evicted heir is compensated by the other heirs in proportion to their shares, minus the share corresponding to that of the evicted heir; if one of the heirs liable for compensation is insolvent. The other heirs are liable for the share of the insolvent heir in the same proportion, minus the share corresponding to that of the indemnified heir.
The provisions of the preceding paragraphs are not applicable to the particular legatee.
Section 1752. The action in liability for cause of eviction provided for in article 1751 cannot be brought more than three months after the date of the eviction.
Section 1753. Subject to the rights of the creditor of the succession, when, on the death of a person, there is neither legal heir, nor legatee, nor creation of foundation under a will, the succession is vested in the State .
Item 1754 . The succession action cannot be brought more than one year after the death of the deceased or after the moment when the legal heir knew or should have known of this death.
The action in matters of bequest cannot be brought more than one year after the legatee knew or should have known of his rights under the will. Subject to the provisions of article 193/17 of this code, the creditor who has against the de cujus a claim that is time-barred for more than one year cannot exercise an action after one year from the moment when he knew or should have known of the death of the de cujus.
Under no circumstances may the actions referred to in the preceding paragraphs be brought more than ten years after the death of the deceased .
Article 1755. Prescription of one year may only be opposed by an heir or a person authorized to exercise the rights of an heir or by an administrator of the succession.
