TITLE III

WILLS

CHAPTER I

GENERAL PROVISIONS

 

Section 1646.- Any person may, in contemplation of death, make a declaration of intention by will concerning dispositions as to his property or other matters which shall take effect according to law after his death.

 

Section 1647.- The declaration of intention in contemplation of death shall be the latest one in imperative term provided by will.

 

Section 1648.- A will must be made according to the forms prescribed in Chapter II of this Title.

 

Section 1649.- The administrator of an estate appointed by the deceased shall have power and duty to arrange for the funeral of the deceased unless another person has been specially appointed by the deceased for that purpose.

If there is no administrator, or no person appointed by the deceased to arrange for the funeral, the person who has received the greatest amount of property by will or by statutory right shall have the power and duty to arrange for the funeral unless the court, on application of any interested person, thinks fit to appoint another person for that purpose.

 

Section 1650.- Expenses creating an obligation in favour of a person arranging for the funeral may be claimed according to the preferential right as specified in Section 253 (2) of this Code.

If the funeral is delayed for any reason whatsoever, any person empowered under the foregoing section shall reserve a reasonable amount of money out of the assets of the estate for this purpose. Where the amount to be reserved cannot be agreed upon, or where an objection is raised, any interested person may apply to the Court.

In any case, the expenses or the money for the arrangement of the funeral may be reserved only up to the amount suitable to the social station in life of the deceased, and provided that the rights of the creditors of the deceased are not prejudiced thereby.

 

Section 1651.- Subject to the provisions of Title IV :

                  (1) Where a person is entitled, under a testamentary disposition, to the whole of the de cujus’ estate or to a fraction or a residuary part thereof which is not specifically separated from the mass of the estate, such person is said to be a legatee under a general title and has the same rights and liabilities as a statutory heir ;

                  (2) Where a person is entitled, under a testamentary disposition, only to a specific property identified in particular or specifically separated from the mass of the estate, such person is said to be a legatee under a particular title and has only rights and liabilities pertaining to such property.

In case of doubt, a legatee is presumed to be a legatee under a particular title.