Section 8 : Revocation and lapse of wills.

Wills may only be revoked, in whole or in part, by a subsequent will or by an act before a notary public declaring the change of will.

Subsequent wills, which do not expressly revoke the previous ones, shall only annul those provisions contained therein which are found to be incompatible with the new ones or which are contrary.

A revocation made in a later will shall have full effect, even though this new act remains unenforced by the incapacity of the instituted heir or legatee, or by their refusal to receive.

Any alienation, that even by sale with the option of redemption or by exchange, made by the testator of all or part of the thing bequeathed, shall entail the revocation of the legacy for all that has been alienated, even if the subsequent alienation is null and void, and the object has reverted to the testator.

Any testamentary disposition shall lapse if the person in whose favour it is made has not survived the testator.

Any testamentary disposition made under a condition dependent on an uncertain event, and such that, in the intention of the testator, the disposition is to be executed only so far as the event will or will not happen, shall lapse, if the instituted heir or legatee dies before the fulfilment of the condition.

The condition which, in the intention of the testator, merely suspends the execution of the disposition, will not prevent the instituted heir, or the legatee, from having an acquired right transmissible to his heirs.

The legacy shall lapse if the thing bequeathed has totally perished during the testator’s life. The same shall apply if it has perished since his death, through no fault or act of the heir, although the heir was put in delay in delivering it, when it should also have perished in the hands of the legatee.

The testamentary provision will lapse when the instituted heir or legatee repudiates it or becomes incapable of receiving it.

There shall be an increase in favour of the legatees in the event that the legacy is made to several jointly. The legacy shall be deemed to be made jointly when it is made by one and the same disposition and the testator has not assigned the share of each of the co-legatees in the thing bequeathed.