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.
It will still be deemed to have been made jointly when a thing which is not capable of being divided without deterioration has been given by the same act to several persons, even separately.
The same causes which, according to article 954 and the first two provisions of article 955, will authorise the application for revocation of inter vivos gifts, will be admitted for the application for revocation of testamentary dispositions.
If this claim is based on a serious insult to the memory of the testator, it must be brought within one year, starting from the day of the offence.
A gift may be subject to a charge involving an obligation on the donee or legatee to retain the property or rights that are the subject of the gift and to pass them on, on his or her death, to a second donee, designated in the deed.
A liberality thus granted may only take effect in respect of property or rights that are identifiable at the date of transmission and subsist in kind at the death of the encumbered person. Where it relates to transferable securities, the liberality also takes effect, in the event of alienation, in respect of the transferable securities that have been subrogated to it. Where it relates to immovable property, the charge encumbering…
The rights of the second grantee open on the death of the grantee. However, the grantee may abandon, in favour of the second grantee, the enjoyment of the property or right which is the subject of the liberality. This anticipated abandonment may not prejudice the creditors of the grantee prior to the abandonment, or third parties who have acquired, from the latter, a right to the property or right abandoned.
The second beneficiary is deemed to hold his rights from the author of the liberality. The same applies to his heirs where they receive the gift under the conditions provided for in Article 1056.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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