CHAPTER III

EFFECTS AND INTERPRETATION OF WILLS

 

Section 1673.- Rights and duties under a will take effect from the death of the testator, unless a condition or time clause has been provided by the testator for its taking effect thereafter.

 

Section 1674.- If a testamentary disposition is a subject to a condition and the condition has been fulfilled before the death of the testator, if the condition is precedent, such disposition takes effect at the death of the testator ; if the condition is subsequent, the disposition has no effect.

If the condition precedent is fulfilled after the death of the testator, the testamentary disposition takes effect from the time of the fulfilment of such condition.

If the condition subsequent is fulfilled after the death of the testator, the testamentary disposition takes effect at the death of the testator but ceases to have effect when the condition is fulfilled.

However, if the testator has declared in the will that, in the cases provided by the two foregoing paragraphs, the effect of the fulfilment of the condition shall relate back to the time of his death, such declaration of intention shall prevail.

 

Section 1675.-Where a legacy is subject to a condition precedent, the beneficiary under such testamentary disposition may apply to the Court for the appointment of an administrator of the property bequeathed up to the time when the condition will be fulfilled or when such fulfilment will become impossible.

If the Court thinks fit, such applicant himself may be appointed administrator of the property, and a proper security may be required from him.

 

Section 1676.- A will may be made charging a person to create a foundation or directly determining the appropriation of property for any purpose in accordance with the provisions of Section 110 of this Code.

 

Section 1677.- Where there is a will creating a foundation under the foregoing section it shall be the duty if the heir or administrator, as the case may be, to apply to the Government for authorisation to constitute it as a juristic person according to Section 114 of this Code, unless it is otherwise provided by the will.

If the authorisation by the Government has not been applied for by the aforesaid persons, the application may be made by any interested person, or by the Public Prosecutor.

 

Section 1678.- When a foundation created by a will has been constituted as a juristic person, the properties appropriated to its purpose by the testator are deemed to vest in such juristic person from the time when will takes effect unless it is otherwise provided by the will.

 

Section 1679.- Where the foundation cannot be organised in accordance with its object, the properties shall devolve as may have been provided by the will.

In absence of such provision, the Court shall, on application by the heir, the administrator, the Public Prosecutor or any interested person, appropriate the properties to such other juristic person whose purpose appears to be the nearest possible to the intention of the testator.

If such appropriation cannot be made or if the foundation cannot come into existence on account of its being contrary to the law or against public order or good morals, such testamentary disposition becomes ineffective.