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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 597Testamentary incapacity.

Sub-title I

In forceOfficial text

The following persons are incapable of making wills:

(a) those who have not completed the sixteenth year of their age;

(b) those, who, even if not interdicted, are not capable of understanding and volition, or who, because of some defect or injury, are incapable even through interpreters of expressing their will: Provided that a will can only be made through an interpreter if it is a public will and the notary receiving the will is satisfied after giving an oath to the interpreter that such interpreter can interpret the wishes of the testator correctly;

(c) those who are interdicted on the ground of insanity or of mental disorder;

(d) those who, not being interdicted, are persons with a mental disorder or other condition, which renders them incapable of managing their own affairs at the time of the will;

(e) those who are interdicted on the ground of prodigality unless they have been authorized to dispose of their property by the court which had ordered their interdiction: Provided that a person interdicted on the ground of prodigality may, even without the authority of the court, revoke any will made by him prior to his interdiction.

Amendment history
  • Amended by II.2012.15