Part Ⅴ Succession
CHAPTER III WILLS
Section 3 - EFFECTS
A will takes effect from the time of the death of the testator.
When a legacy provided in a will is subject to a condition precedent, it takes effect from the time when such condition is fulfilled.
If the legatee dies before the will becomes effective, the legacy does not take effect.
If certain property is made the subject of legacy by the testator and, at the time of the opening of the succession, part of the property does not belong to the property of the deceased, such part of the legacy is invalid. If the whole property does not belong to the property of the deceased, the whole legacy is invalid. If however, a special intention is expressed in the will, such intention is to be followed.
Where the testator has acquired a right against a third person on account of the lose, destruction, damage or artificial alteration of the substance which forms the subject of the legacy, or the loss of its possession, such right is presumed to have been made the subject of the legacy. The same applies where, because the substance that forms the subject of a legacy is joined to or mixed with another thing, the testator has acquired a right over the composite or mixed thing.
Where the right to use and to collect fruits from the property of the deceased is made the subject of a legacy, and the time limit for the restitution [of such property] is not provided in the will nor can it be determined by the nature of the legacy, the time limit is the lifetime of the legatee.
Where the legacy is burdened with an obligation, the legatee is responsible for the performance only to the extent of the benefit received from the legacy.
A legatee may waive a legacy after the death of the testator.
The waiver of a legacy takes effect retroactively as from the time of the death of the testator.
An heir or other interested person may fix a reasonable period of time and call upon the legatee to declare within such period whether or not he accepts the legacy. If no declaration has yet taken place upon the expiration of the period, the legacy is legally deemed to have been accepted.
Where a legacy is invalid or waived, the property of the legacy remains part of the property of the deceased.