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Title V — Succession

This title governs intestate and testamentary succession, and the administration and partition of estates.


Chapter 1 — General Provisions

ArticleTitleDescription
Art. 50General PrinciplesUpon the death of a person, the estate of the deceased passes to the heirs according to the provisions of this Title, subject to the conflict-of-laws rules established by Article 45 of the Fundamental Laws.
Art. 51Capacity to InheritAny person who is alive at the moment of the deceased's death, or who is conceived before the death and subsequently born alive, may inherit.

Chapter 2 — Intestate Succession

ArticleTitleDescription
Art. 52Order of Intestate SuccessionWhere the deceased has left no valid testamentary disposition, or to the extent that the disposition does not exhaust the estate, the estate passes according to the following order:.
Art. 53Surviving SpouseThe surviving spouse or registered partner is entitled to:; The spouse's share is in addition to any right arising under the matrimonial property regime.
Art. 54Representation and AccretionRepresentation occurs when the descendants of a predeceased heir step into the place and degree of that heir and receive the share that the heir would have received.

Chapter 3 — Testamentary Succession

ArticleTitleDescription
Art. 55Freedom of TestationEvery person of full age and sound mind may dispose of the whole or any part of the estate by testamentary disposition, subject to the reserved portion.
Art. 56Form of WillsA testamentary disposition may be made by:; A testamentary disposition may be revoked or amended at any time by a subsequent disposition executed in one of the forms listed above, or by physical destruction of the document by the testator with...

Chapter 4 — Administration and Partition

ArticleTitleDescription
Art. 57Administration and PartitionUpon the opening of the succession, the Royal Chancellery may appoint an administrator of the estate upon the application of any interested person or on its own initiative where the circumstances require.