Title 5
in forceDifferent types of testamentary dispositions
Section 1
Institutions of an heir
An institution of an heir (erfstelling) is a testamentary disposition by virtue of which the testator leaves his entire estate or a share therein to…
Heirs appointed by testamentary disposition have the same rights and obligations as heirs at law.
Section 2
Legacies
A legacy is a testamentary disposition in which the testator grants a right of action to one or more persons.
If a specific person who is charged with a legacy as an heir has not become an heir or if his right of succession has lapsed, and the will does not…
Those on whom a legacy is encumbered, as well as the executor, shall ensure that the legatee is notified of the legacy as soon as possible. If the…
Debts of the estate arising from a legacy shall be satisfied from the estate only if all other debts of the estate can be satisfied in full therefrom.
A legatee is authorised to reduce the sublegacies imposed upon him and the obligations (lasten) requiring an expenditure in money or property, to the…
A legatee whose legacy is subject to abatement or reduction is entitled to demand full satisfaction of the legacy, provided that he pays the amount…
The court may, at the petition of the legatee or of the person charged with the legacy, modify the obligations arising from a legacy or extinguish…
Unless the testator has provided otherwise, a legatee to whom a specific asset of the estate or the usufruct of such an asset, of the entire estate…
A legacy of a sum of money becomes exigible six months after the death of the testator, unless he has provided otherwise.
A donation or other gift shall, insofar as it is intended to be executed only after the death of the donor or giver and has not already been executed…
If the abatement (inkorting) or reduction (vermindering) concerns a designation of a beneficiary under a life insurance policy or another designation…
The provisions regarding legatees in Articles 29 paragraph 3 and 30 paragraph 3 shall apply mutatis mutandis to those who have been advantaged by an…
By testamentary disposition, a condition as referred to in Article 82 may be attached to an act as referred to in Article 126.
Section 3
Testamentary obligations (testamentaire lasten)
A testamentary charge (testamentaire last) is a testamentary disposition in which the deceased imposes an obligation upon the joint heirs or upon one…
An heir or legatee upon whom a testamentary obligation rests, acquires his right under the resolutive condition that it shall be declared forfeited…
If an obligation (last) has been imposed on a specific person as an heir or legatee and he has not become an heir or legatee or his right has lapsed…
If the fulfillment of a suspensive condition attached to a testamentary obligation is prevented by the person upon whom the obligation rests, the…
The court may, upon the petition of the person on whom the obligation rests or of the public prosecution service, amend the obligation or revoke it…
Section 4
Foundations
When a testator has bequeathed something to a foundation which he has called into existence in a testamentary disposition made by notarial deed, the…
Section 5
Dispositions subject to a time limit and subject to a condition
If a last will contains an institution of an heir (erfstelling) subject to a time limit, this disposition shall be regarded as an immediately…
In order to derive a right from a testamentary disposition under a suspensive condition, one must still exist at the moment the condition is…
When a testamentary disposition (erfstelling) is made subject to a condition, the person to whom the bequeathed property accrues until the…
If the fulfillment of a condition attached to a testamentary disposition is prevented by a person to whom the bequeathed property accrues as long as…
If a condition attached to a testamentary disposition (erfstelling) has not been fulfilled thirty years after the death of the testator, the…
The preceding article shall not apply to a testamentary disposition under a condition subsequent and a corresponding testamentary disposition under a…
Section 6
Executors
A testator may by testamentary disposition appoint one or more executors. He may grant an executor the power to join one or more other executors to…
A person becomes an executor by accepting their appointment after the death of the deceased. The subdistrict court (kantonrechter) may, at the…
Without prejudice to the testamentary obligations which the deceased may have imposed upon the executor, the latter has, insofar as the deceased has…
If an executor has been appointed whose task is to manage the assets of the estate, the heirs may not, unless he does not accept his appointment…
The executor who is charged with the administration of the estate may appoint an estate notary (boedelnotaris); the latter shall give notice of the…
The executor is authorised to liquidate assets managed by him, insofar as this is necessary for the satisfaction of the debts of the estate belonging…
The executor must provide an heir with all information requested by the latter regarding the performance of his duties.
The task of an executor ends:
An executor who has completed his task, in view of which the management was entrusted to him, is authorised to terminate his management by placing…
An executor whose power to manage the estate has ended is obliged to render account and justification to the person who is authorised to manage the…
For the purposes of the application of the provisions of this Section, the spouse of the deceased who has a right of usufruct (vruchtgebruik)…
Section 7
Testamentary administration
A testator may, by testamentary disposition, create a protective trust (bewind) over one or more assets left or bequeathed by him.
Unless otherwise provided upon the establishment thereof, the administration (bewind) shall also include the assets which must be deemed to replace…
The administration (bewind) over an inheritance share or a legacy is presumed to have been established in the interest of the beneficiary, unless one…
If the administration has been established exclusively or partly in the interest of a person other than the person entitled to the assets placed…
If the last will does not provide for the regulation of the appointment of an administrator, the subdistrict court (kantonrechter) shall appoint one…
If there are two or more administrators, each of them may perform all activities pertaining to the administration individually, unless the will or…
Unless otherwise provided by testament, the administrator, or if there is more than one administrator, they together, shall be entitled to one per…
The administrator must as soon as possible draw up an inventory of the assets to which the administration relates. If he has been appointed by the…
The administrator shall, unless other times have been determined, render an account and justification (rekening en verantwoording) annually and at…
Insofar as it has not been otherwise provided for upon the establishment of the administration, the net proceeds of the fruits of the assets, after…
The administrator is liable towards the person whose assets are under administration if he fails to exercise the care of a good administrator, unless…
The capacity of administrator shall terminate:
The former administrator shall transfer the assets which he manages by virtue of the administration to the person who is authorised to manage them…
The person entitled (rechthebbende) is, alongside the administrator (bewindvoerder), authorised to perform acts serving the ordinary maintenance of…
If the administration has been instituted in the interest of the person entitled, the latter shall only be authorised, with the cooperation or…
A juridical act performed by or addressed to the person entitled to the property, despite his lack of capacity resulting from Articles 166 and 167…
The administrator may, with the consent of the person entitled:
If the assets subject to the administration (bewind) or encumbered with a limited right subject to the administration belong to a community, the…
By last will and testament, the powers and obligations of the administrator may be further regulated; they may thereby be established more broadly or…
The administrator who, other than in the form of cooperation or consent, exercises his duties, is authorised to represent the person entitled…
The administrator represents the person entitled in legal proceedings concerning assets under administration. Before appearing in court, he may, for…
The person entitled is, without prejudice to the provisions of Article 172 of Book 6, liable for all debts arising from legal acts performed by the…
During the administration, the assets under administration may only be recovered from the person entitled thereto for:
If the administration has been established exclusively in the interest of a person other than the person entitled, or in a common interest, the…
The administration ends upon the expiry of the period for which it was established.
The administration ends upon the death of the person entitled if it was established exclusively in their interest. If the latter is a legal person…
Insofar as the administration has been established in the interest of a person other than the person entitled, it shall terminate when that interest…
Insofar as the administration has been established in the joint interest of the person entitled and one or more others, it shall end when that…
The notice of termination referred to in the preceding articles may only be given by the person entitled thereto, and shall be given in writing and…