Book III: Different ways of acquiring property

A universal legacy is a testamentary disposition by which the testator gives to one or more persons the universality of the property that he will leave at his death.

Where, at the death of the testator, there are heirs to whom a share of his property is reserved by law, these heirs are seized ipso jure, by his death, of all the property of the succession; and the universal legatee is bound to ask them for the delivery of the property included in the will.

Nevertheless, in the same cases, the universal legatee shall have the enjoyment of the property included in the will, from the day of death, if the request for delivery has been made within one year, since that time; otherwise, this enjoyment shall only begin from the day of the request made in court, or from the day that the delivery would have been voluntarily consented to.

Where at the death of the testator there are no heirs to whom a share of his property is reserved by law, the universal legatee shall be seised ipso jure by the death of the testator, without being obliged to request delivery.

All holographic or sealed wills shall, before being executed, be deposited with a notary. The will shall be opened if it is sealed. The civil law notary shall immediately draw up a report of the opening and condition of the will, specifying the circumstances of the deposit. In the case provided for in article 1006, the notary shall verify the conditions of the legatee’s seisin with regard to the universal…

The universal legatee, who is in concurrence with an heir to whom the law reserves a share of the property, shall be liable for the debts and charges of the testator’s succession, personally for his share and portion and hypothecarily for the whole; and he shall be liable to pay all legacies, except in the case of reduction, as explained in articles 926 and 927.

A legacy by universal title is one by which the testator bequeaths a share of the property which the law allows him to dispose of, such as one half, one third, or all his immovables, or all his furniture, or a fixed proportion of all his immovables or all his furniture. Any other legacy forms only a disposition by particular title.

The legatees by universal title shall be required to apply for delivery to the heirs to whom a share of the property is reserved by law; in their absence, to the universal legatees and, in their absence, to the heirs called in the order set out in the title “Of successions”. .