Section 1707.- If a testamentary disposition appoints a legatee upon the condition that the latter shall dispose of the property bequeathed in favour of a third person, such condition shall be deemed non-existent.

 

Section 1708.- After the death of the testator, any interested person may apply to the Court to have a will cancelled on account of duress ; but if the testator continues to live for more than one year after he has ceased to be under the influence of the duress, such application cannot be made.

 

Section 1709.- After the death of the testator, any interested person may apply to the Court to have a will cancelled on account of mistake or fraud only when the mistake or fraud is such that without it the will would not have been made.

The foregoing paragraph shall apply even if the fraud has been committed by a person who is not a beneficiary under the will.

However, a will made under influence of mistake or fraud is operative if the testator fails to revoke it within one year after discovering the mistake or fraud.

 

Section 1710.- No action for cancellation of a testamentary disposition can be entered later than :

                  (1) Three months after the death of the testator if the ground for cancellation was known to the plaintiff during the lifetime of the testator ; or

                  (2) Three months after the plaintiff has acquired knowledge of such ground in any case.

However, if such testamentary disposition affecting the interests of the plaintiff is unknown to him, even though the ground for cancellation was known to him, the period of three months shall run from the moment when such disposition is known or ought to have been known to the plaintiff.

In any case, such action cannot be entered later than ten years after the death of the testator.

 

TITLE IV

ADMINISTRATION AND DISTRIBUTION OF AN ESTATE

CHAPTER I

ADMINISTRATOR OF AN ESTATE

 

Section 1711.- The administrators of an estate shall include the person appointed by will or by order of the Court.

 

Section 1712.- An administrator of the estate by will may be appointed :

                  (1) By the testator himself ; or

                  (2) By the person nominated for the purpose in the will.

 

Section 1713.- Any heir or any other interested person or the Public Prosecutor may apply to the Court to appoint an administrator of the estate in the following cases :

                  (1) If on the death of the de cujus any statutory heir or legatee is not to be found or is abroad or is a minor ;

                  (2) If the administrator of the estate or the heir is unable or unwilling to carry on or is impeded in carrying on the administration or distribution of the estate ;

                  (3) If a testamentary disposition appointing an administrator of the estate has no effect for any reason whatsoever.

Such appointment shall be made by the Court in accordance with the provisions of the will, if any. Failing such provisions the Court may make the appointment for the benefit of the estate, having regard to the circumstances and taking into consideration the intention of the de cujus as the Court may think fit.