KUHPer XI
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter XII - Concerning succession by demise
Article 853
If the deceased has not left any descendants, spouse or siblings, the inheritance shall be divided in two equal shares between the blood relatives from the father's side and the blood relatives of the mother in the ascending line, without prejudice to the stipulation in article 859. The closest in degree in the ascending line shall be due half of the property due to his line to the exclusion of all others. Blood relatives in the ascending line, of the same degree, shall inherit per capita.
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Article 854
If the father and mother of an individual, who dies without having left any descendants or spouse, survive him, they shall each be entitled to one third of the inheritance, if the deceased is succeeded by one brother or one sister, who is entitled to the other one third. The father and the mother shall each inherit one quarter, in the event that the deceased has left several brothers or sisters, and the latter mentioned shall inherit the two other quarters of the inheritance.
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Article 855
If the father or the mother of an individual who dies without leaving any descendants or spouse, predeceases him or her, the survivor shall be entitled to:- one half of the inheritance, if the deceased only leaves one brother or one sister; one third, if he leaves two; and one quarter, if there are more brothers and sisters. The remaining share shall be granted to the brothers and sisters.
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Article 856
If the father and mother of an individual, who has died without leaving any descendants or spouse, have predeceased him, the brothers and sisters shall inherit the entire estate.
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Article 857
The division of that which the brothers and sisters are entitled to in accordance with the above articles, shall be in equal parts, if they are all children of the same marriage; however, if they are from different marriages, that which they shall inherit shall be divided in two equal parts between the relatives of the father of the deceased and the relatives of the mother of the deceased; the full brothers and sisters shall receive their shares from both lines, and half-siblings shall receive their shares only from the line that they belong to. If there are only half brothers or half sisters remaining on one side, they shall be entitled to the entire inheritance, to the exclusion of all other blood relatives in the other line.
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Article 858
In the absence of brothers and sisters, and other surviving kin in one of the ascending lines, one half of the estate shall be inherited by the surviving blood relatives in the ascending line, and the other half shall be inherited by relatives in the collateral line, with the exception of the circumstances mentioned in the following article.
In the absence of brothers and sisters and of any surviving kin in both ascending lines, the closest blood relatives in each of the collateral lines shall be summoned in respect of one half of the inheritance.
In the event that in the same collateral line there are blood relatives of the same degree, then the inheritance shall be divided per capita, without prejudice to the stipulations in article 845.
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Article 859
The surviving father or mother shall only inherit the entire inheritance of the child in the event that he has died having left no descendants, spouse, brothers or sisters.
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Article 860
The definition of brothers and sisters in this section, shall include their respective legal descendants.
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Article 861
Blood relatives, who are related to the deceased in the sixth degree in the collateral line, shall not receive any inheritance. If no blood relatives of the degree who can inherit, are found in one line, the blood relatives in the other line shall be entitled to the entire inheritance.
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Article 862
In the event that the deceased has left legally acknowledged natural children, the inheritance shall be implemented in the manner as in the following three (read: four) articles is stipulated.
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Article 863
If the deceased has left any legal descendants or a spouse, the natural children shall inherit one third of the share, which they would be entitled to if they were legal; they shall inherit one half of the estate, if the deceased does not have any descendants, or spouse, but has blood relatives in the ascending line, or brothers and sisters or their descendants; and three quarters if the only remaining family is related in a more distant degree.
If the legal heirs of the deceased are related in unequal degrees, the closest relative in one line shall stipulate the amount of the share to which the natural child shall be entitled, even with respect to those who are in the other line.
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Article 864
In all the circumstances mentioned in the previous article, the remainder of the inheritance shall be divided among the legal heirs in the manner stipulated in the section 2 of this title.
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Article 865
If the deceased has not left any legal heirs, then the natural children shall be entitled to the entire inheritance.
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Article 866
In the event that a natural child predeceases the testator, his legal children and descendants shall be authorized to claim the privileges granted to them by article 863 and 865.
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Article 867
The aforementioned stipulations are not applicable to children conceived through adultery or incest. The law shall only grant those children the required living support.
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Article 868
Such support shall be regulated in accordance with the capacity of the father or the mother, and according to the number and the status of the legal heirs.
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Article 869
If the father or the mother, while alive, has guaranteed a certain living allowance to a child conceived through adultery or incest, that same child shall have no further claim to the inheritance of such father or mother.
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Article 870
The inheritance of a natural child, who has died without leaving any descendants or spouse, shall be the entitlement of the father or the mother, who has acknowledged such child, or shall be divided equally between them if they both have acknowledged the child.
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Article 871
In the event that the natural child, who has left neither descendants nor spouse, dies after the death of both parents, the assets inherited from the parents, if they still exist in the estate in their original condition, shall be returned to the legal descendants of his or her father or mother; the same shall apply with respect to acts of redress, if such exist, and the consideration for the assets, if they have been disposed of and the consideration remains outstanding.
All other remaining assets shall devolve upon the natural brothers or sisters, or upon their legal descendants.
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Article 872
The law shall not grant any rights to a natural child in respect of the assets of the blood relatives of his or her parents, with the exception of that which is stipulated in the following article.
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Article 873
In the event that one of the blood relatives dies, without leaving any relatives who qualify as heirs, or a surviving spouse, the acknowledged natural child shall be entitled to claim the inheritance upon the State's rights being waived.
In addition, if the natural child dies without leaving any descendants, surviving spouse, parents, or natural brothers or sisters of his descendants, upon waiver of the State's rights, the entire inheritance shall devolve upon the closest blood relatives of the father or mother who has acknowledged him; and in the event that he has been acknowledged by both, half of his inheritance shall devolve upon the relatives on his father's side and the other half shall devolve upon the relatives on his mother's side.
The division in both lines shall take place in accordance with the rules, as stipulated with regard to normal succession.
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Chapter XIII - Concerning last wills
Article 874
The assets which an individual leaves upon his demise, shall belong to his legal heirs, to the extent that he has not legally disposed of same by will.
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Article 875
A testament or last will is a deed, containing a statement of an individual's wishes and intents to take effect following his death, and which deed can be revoked.
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Article 876
Provisions of assets by last wills regarding property are in general, dealt with under general title, or by special title.
Each one of these wills, whether drawn up under the title of testamentary disposition or legacy, or under any other title, shall be valid, in accordance with the rules stipulated in this title.
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Article 877
Any provision in a last will for the benefit of the next of kin, or the next of kin of the testator, without any further indication, shall be regarded as having been made for the benefit of the heirs summoned by law.
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Article 878
A last will made for the benefit of the poor, without any further specification, shall be considered to have been made to benefit all the underprivileged, without distinguishing between religions professed by the charitable institutions in the location where the inheritance becomes available.
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Article 879
The testamentary disposition through hands or substitution of fidei-commissarius is prohibited. Subsequently, with regard to the nominated heir or legatee, each provision to the effect that the inheritance or the legacy shall be kept, and that the entire or part of the inheritance shall be transferred to a third party shall be void.
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Article 880
Matters granted in the seventh and eighth section of this chapter are excluded from the prohibited testamentary dispositions through hands mentioned in section 7 and 8 on the previous article.
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Article 881
A stipulation that a third party, or upon his death, his legal children already born or to be born at a future date, shall be entitled to the entire or part of the estate which remains the property of the devisee or legatee at their deaths, shall not be regarded as a prohibited testamentary disposition through hands.
The testator shall not harm his heirs who are entitled to part of the inheritance, through such testamentary disposotion or legacy
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Article 882
The provision, in which a third party is entitled to an inheritance or a legacy, shall be valid, in the event that the summoned heir or legatee does not have the enjoyment of such.
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Article 883
The same shall apply to a stipulation in a last will in which the use of proceeds is granted to one party and the property is granted to another.
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Article 884
The stipulation in which the inheritance or the legacy, or part of such, has been declared untransferable, shall be regarded as void.
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Article 885
In the event that the terms of a last will are clear, clarification cannot deviate therefrom.
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Article 886
If the terms of a last will can be interpreted in several ways, the intent of the testator must be determined rather than interpreting the text literally.
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Article 887
In such circumstances, the terms shall also be interpreted in the sense which corresponds most with the nature and subject matter of the stipulation, and preferably in a manner that by virtue of which the stipulation shall be effective or conclusive.
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Article 888
In all last wills, conditions which are unintelligible or impossible, or which violate the laws and good morals, shall be regarded as void.
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Article 889
A condition shall be deemed to be fulfilled, if the individual who would benefit from nonfulfillment, has prevented fulfillment.
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Article 890
A false statement shall be regarded as void, unless it is apparent from the last will that the testator at the time of making the statement, was not aware that it was false.
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Article 891
The statement of a reason, either true or false, which, however, violates the laws or good morals, shall invalidate the testamentary disposition or the legacy.
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Article 892
In the event that an indivisible charge is imposed on several heirs or legatees, and one or more forfeit the inheritance or legacy, or are incompetent to receive such, the individual who wishes to forfeit the entire charge, may claim his share of the inheritance, and may claim compensation for the amount which he has paid for the others.
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Article 893
Last wills which are made as a result of duress, deceit or cunning shall be invalid.
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Article 894
If as a result of the same accident, or on the same day, the testator and the heir or the legatee, or an individual, who, by permitted testamentary dispotision could have been the substitute for the latter mentioned, die, and it is not known who died first, they shall be presumed to have died simultaneously, and no transfer of rights shall take place as a result of the last will.
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Article 895
In order to make or revoke a last will, an individual shall have mental capacity.
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Article 896
Any individual may make a last will and benefit therefrom, with the exception of those who, pursuant to the stipulations of this section, have been declared incompetent.
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Article 897
Minors, who have not reached the full age of eighteen years, are not allowed to make wills.
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Article 898
The competence of the testator shall be judged based on the condition that he was in at the time that the last will was made.
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Article 899
In order to benefit from something disposed of in a last will, an individual must have existed at the time of the demise of the testator, having regard to the rule stipulated in article 2 of this Civil Code.
This stipulation is not applicable to individuals, who are entitled to benefits from institutions.
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Article 900
Bequests made in last wills for the benefit of public foundations, religious institutions, churches or charitable institutions, shall have no effect, if the Governor General or the authorities designated by the Governor General, do not grant the right to the managers of the institutions to accept such bequests.
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Article 901
A spouse cannot benefit from the last will of the other spouse, if the marriage was entered into without proper consent, and if the testator died at a time that the validity of the marriage was being disputed in court.
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Article 902
A husband or wife who enters into a second marriage and who has children or descendants from a previous marriage, shall not grant more property to the current spouse than that which the children or descendants from the previous marriage are entitled to pursuant to the twelfth chapter of this book.
If, he or she only bequeaths the use of proceeds to the current spouse in the last will, and does not leave any property, this use of proceeds can be in respect of one half of the property or even more, without the estimated value exceeding the limits stipulated in the previous paragraph of this article, without prejudice to the stipulations in article 918.
If, in the last will, the testator disposes of both property and use of proceeds, the value of the use of proceeds shall be calculated; and in the event that the total value of the property and the use of proceeds disposed of, exceeds the limits of the amount stipulated in the first paragraph, the current spouse may choose whether to reduce the inheritance or the use of proceeds so that the total value shall be within those limits. If, in this regard, the legal share shall be jeopardized, the stipulation in article 918 shall also be applicable in this instance.
That which the current spouse enjoys pursuant to this article shall be reduced by the sum of that which he or she is entitled to pursuant to the eighth chapter of the first book.
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Article 902a
The previous article shall not apply to spouses who have remarried one another, or to children or descendants from their previous marriage to one another.
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Article 903
Spouses, with respect to the community property, shall not dispose of more than their respective share in the community property. If, however, any property from the community property has been disposed of by will, the beneficiary cannot claim his share of the property in its original condition, if the heirs of the testator are not entitled to that property. In such circumstances, the beneficiary shall be compensated from the share in the community property to which the heirs of the testator are entitled, and if this is insufficient, from the personal property belonging to the heirs.
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Article 904
A minor, notwithstanding that he has reached the age of eighteen years, cannot make any provisions to benefit his guardian in the last will.
An adult cannot name his former guardian as a beneficiary under his last will, until after the guardianship account has been finalized and closed.
The two aforementioned provisions shall not apply to blood relatives of the minor in the ascending line, who are or have been his guardians.
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Article 905
Minors cannot make provision in their last will to benefit their educators, governors or governesses, who live with them, nor their teachers (male or female), with whom the minors have lodged.
This provision shall not apply to provisions for compensation for services rendered, in the form of a legacy, provided that regard shall be had to the benevolence of the testator and to the services rendered to him.
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Article 906
Doctors, healers, pharmacists and other individuals in the medical profession, who have served an individual during the illness which caused his demise, as well as the clergy who have supported him during such illness, cannot benefit under the last will made by such individual in the course of his illness. This shall not apply to the following:
This shall not apply to the following:
(1) provision for compensation for services rendered in the form of a legacy as mentioned in the previous article;
(2) provisions in favor of the spouse of the testator;
(3) provisions, including those that are general, made for the benefit of blood relatives up to and including the fourth degree, if the deceased has not left any heirs in a direct line; unless the individual, for whose benefit the provisions are made, is also one of heirs.
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Article 907
The notary, who has drawn up the last will as a public deed, and the witnesses who were present, cannot enjoy a disposition made in their favor made in the last will.
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Article 908
If parents leave legal and natural and legitimized children, the latter mentioned cannot benefit from the last will of their parents more than the extent to which they are entitled to pursuant to the twelfth chapter of this book.
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Article 909
Male and female adulterers and their accomplices cannot benefit from each party's last will, unless the adultery, prior to the demise of the testator has been proven by a court's judgment.
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Article 910
Revoked by S. 1872 - 11 jis. 1915 - 299,642.
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Article 911
A last will, made in favor of an individual who is incompetent to inherit, shall be void, even in circumstances where the arrangement is made in the name of a middle person.
Middle persons shall include, the father and the mother, the children and descendants, and the spouses of those who are incompetent to inherit.
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Article 912
An individual who has been convicted of killing the testator; an individual who has stolen, destroyed or forged the last will of the testator, or who has prevented the testator by force or physical deed from revoking or amending his last will, shall, together with his spouse and children not benefit from the last will.
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Article 913
The legitimate portion or the legal share of the inheritance is that portion of the estate which the lawful heirs in a direct line are entitled to and which the testator is not entitled to dispose of as a gift during his lifetime or by last will.
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Article 914
In relation to the descending line, if the testator leaves only one legal child, the legal share of the inheritance shall consist of half of the property which the child would be entitled to inherit upon death.
In the event that there are two children, the legal share of the inheritance for each child shall be two thirds of whatever they would be entitled to inherit upondeath.
In the event that the deceased has left three or more children, then the legal share of the inheritance shall be three fourths of whatever each child should have inherited upon death.
Children shall include the descendants, in any kind of degree; they shall, however only be regarded as substitutes for the child whom they represent in the inheritance of the testator.
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Article 915
In the ascending line, the legal share of inheritance shall always consist of one half of that which is by law due, upon death, to each blood relative in that line.
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Article 916a
For the purpose of calculating the legal share, regard shall be had to those individuals who upon the death of an individual have become heirs to his estate but who have not been named as legatees under his will, and in the event that individuals other than the aforementioned heirs have been granted a share in excess of their legal share by deed during the lifetime of the deceased or by last will, provided that the aforementioned heirs were not present, the devises and gifts may be reduced upon a claim and in favor of the legatees and heirs or those entitled. Articles 920 - 929 shall be applicable in this regard.
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Article 917
In the absence of blood relatives in the ascending and descending line, and of natural, legally acknowledged children, gifts by inter vivos deed or by last will, shall be deemed to be of the entire estate.
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Article 918
If the provision, by inter vivos deed or by last will, consists of a use of proceeds or a life annuity, which jeopardizes the inheritance, the heirs to whom that gift has been granted, have the option to either put such provision into effect or to surrender the property of the allotted portion to the donees or legatees.
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Article 919
The portion, which one may dispose of, shall either in full or in part, by inter vivos deed or by last will, be granted to strangers, and children or other individuals who are entitled to the inheritance, without prejudice to the circumstances in which the latter mentioned pursuant to the seventeenth chapter of this book shall be required to contribute.
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Article 920
Gifts or donations, whether inter vivos, or pursuant to a last will, which could reduce the legal inheritance share, may be reduced at the time the inheritance becomes available, however, only upon the claim of the donees and heirs or those entitled.
The donees, however, cannot benefit from the reduction if it disadvantages the creditors of the deceased.
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Article 921
To determine the value of the legal share of the inheritance, one shall list all the assets, which were present at the time of the death of the donor or testator; one shall also include the number of assets disposed of as inter vivos gifts in the condition that they were in at the time that the gift was made, and their value at the time of the donor's death; one shall calculate the value of all the assets, after deduction of debts, one shall also calculate the amount that an individual is entitled to claim, in relation to the donees, and one shall deduct from that, by waiving the contribution, that one has received from the deceased.
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Article 922
Any disposal of property, either under charge of life annuity interest, or by condition of use of proceeds granted to one of the heirs in a direct line, shall be regarded as a gift.
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Article 923
In the event that the property granted prior to the demise of the donor is lost due to no fault of the donee, it shall not be included in the total assets that comprise the legal inheritance.
The gift shall be included in the total assets, if it cannot be regained as a result of the insolvency of the donee.
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Article 924
Reduction of inter vivos gifts shall never be permitted, unless all the assets, which by last will were disposed of, shall be regarded as insufficient to constitute the legal share. If, however, a reduction of inter vivos gifts shall take place, the most recent gift shall be first reduced and thereafter reduction shall follow in that order.
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Article 925
Immovable assets to be returned pursuant to the previous article, shall be returned in their original state notwithstanding any provisions to the contrary.
If, however, reduction is to be made to a plot of land, which cannot be properly divided, then the donee shall, notwithstanding that he may be a stranger, have the authority to pay in cash that which is due to the recipient of the legitimate portion.
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Article 926
The reduction of the portions disposed of by last will shall take place without making any distinctions between the testamentary dispositions and legacies, unless the testator expressly instructs that this testamentary disposition or that legacy shall have priority; in which case, such testamentary disposition or legacy shall not be reduced, unless the value of the other portions would be insufficient for the legal share of the inheritance.
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Article 927
The donee shall return the proceeds of the gift which exceed the part that can be disposed of, effective from the day that the donor dies, if the claim for reduction is filed within one year of that date, and otherwise from the date upon which such claim shall be filed.
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Article 928
The immovable assets, which shall be returned to the estate as a result of the reduction, shall thereupon be free of debts or encumbrances, imposed thereon by the donee.
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Article 929
A lawsuit for reduction or return may be taken by the heirs against third owners of the immovable assets, which are part of the gift and which have been transferred by the donee, in the same manner and in the same order of rank as the donees.
This lawsuit shall be filed in accordance with the order of the dates of the transfers, commencing with the most recent transfer.
The lawsuit for reduction or return against third owners shall not take place, to the extent that no other assets have remained with the donee, which were included in the gift, and these are insufficient to fulfill the legal share of the inheritance in its entirety, or if the value of the transferred assets cannot be compensated with his personal assets.
This lawsuit shall expire after three years from the date on which the legatee accepted the inheritance.
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Article 930
A last will cannot be made by two or more individuals in one deed, whether it is in favor of a third party, mutual or reciprocal arrangement.
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Article 931
A last will can only be made either by holographic or personally written deed, or by official deed, or by confidential or closed arrangements.
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Article 932
A holographic last will shall be entirely written by hand of the testator and shall be signed by him.
The testator shall leave the will with the notary.
The notary, in the presence of two witnesses, shall immediately draw up a deed of safekeeping, signed by the testator and the witnesses, either at the bottom of the last will, if that has been made available to him, or separately, if the document was offered to him sealed; in the latter-mentioned case, the testator, in the presence of the notary and the witnesses, shall note on the cover and confirm with his signature that such sealed envelope contains his last will.
In the event that the testator, due to an impediment, which has arisen following the execution of the last will or the cover, cannot sign the cover or the deed of safekeeping, or both of them, the notary, shall make note thereof as well as of the cause of the impediment.
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Article 933
Such holographic last will, pursuant to the previous article, kept by the notary, shall have the same validity as a last will made by official deed, and shall be deemed to have been made on the same date as that of the deed of safekeeping, without having regard to the noted date on the last will.
The holographic last will kept by the notary as a deed, shall, unless otherwise stipulated, be presumed to be entirely written and signed by the testator's hand.
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Article 934
The testator may, at all times, reclaim his holographic testament, provided that he accounts for the reclaim to the notary in an authentic deed.
The reclaim of the holographic testament shall be regarded as revocation.
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Article 935
By virtue of a single private fully written document, dated and signed by the testator, arrangements may, without any further formalities, be made following his demise, provided that they shall be only and exclusively for the appointment of executors, with respect to ordering funeral arrangements, legacies of clothing, personal belongings, personal ornaments and specific furniture.
The revocation of such document can take place privately in the same manner .
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Article 936
If such document, as mentioned in the previous article, is found after the demise of the testator, then this document shall be submitted to the orphans' chamber in the jurisdiction in which the inheritance is available; the orphans' chamber, shall open the document if it is sealed, and shall in all circumstances, prepare minutes of the submission of the document which shall include details of the condition that this is in; finally, the board shall submit the document to a notary, to be kept with the minutes.
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Article 937
A holographic will, which has been submitted to the notary in a sealed envelope, shall, following the death of the testator, be submitted to the orphans' chamber, which shall then act in accordance with the provisions of article 924 in relation to sealed last wills.
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Article 938
A last will by official deed shall be executed in front of a notary and in the presence of two witnesses.
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Article 939
The notary, shall write or shall arrange to have the will of the testator written in clear terms as conveyed by the testator.
If the witnesses were not present at the time that the information was provided and the draft has been prepared by the notary, the testator, shall, prior to the reading of the will, submit the information again in the presence of witnesses.
Thereafter, the notary shall, in the presence of witnesses, read the will, and ask the testator whether the document that has been read by him, contains his last will.
If the instructions as to the terms of the last will have been submitted in the presence of the witnesses, and if the last will is immediately put into writing, then the reading of the will and question to the testator shall take place simultaneously in the presence of witnesses. The deed, shall, following this, be signed by the testator, the notary and the witnesses.
If the testator declares that he is unable to sign, or that he is impeded, then the statement and the cause of the impediment shall be mentioned in the deed.
The compliance with all these formalities shall be expressly stated in the deed of the last will.
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Article 940
If the testator intends to make a private or confidential testament, he is required to put his signature beside each of his stipulations, either those that he has personally written, or those that were written by somebody else; the paper containing his stipulations, or the paper which serves as a cover, if a cover is used, shall be closed and sealed.
The testator shall also submit such document closed and sealed to the notary, in the presence of four witnesses, or he shall, in their presence have the document closed and sealed, and shall declare that the aforementioned document contains his last will, and that such last will, was either personally written and signed by him or written by somebody else but signed by him. The notary shall draw up a deed of clarification in respect thereof, which shall be written on that paper, or on the paper which serves as a cover; this deed shall be signed by the testator, the notary, and the witnesses, and in the event that the testator, due to some impediment which arose following the signing of the last will, is unable to execute the deed of clarification, then a note shall be made of the cause of the impediment.
All formalities that have been carried out in the presence of the notary and the witnesses must be complied with, without executing another deed in the interim.
The private or confidential last will shall be kept with the minutes of the notary, who has received such document.
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Article 941
In the event that the testator is unable to speak, but is capable of writing, then he may draft a last will, provided that this document is written, dated and signed by his own hand, submitted to the notary and the witnesses, and that at the top of this document he shall write and sign in their presence, as a deed of superscription, that the document submitted to them is his last will;
following which, the notary shall draft the deed of superscription stating therein that the testator has written such statement in the presence of the notary and the witnesses; that which has been stipulated in the aforementioned article shall also be taken into consideration.
The last wills, referred to in the previous article and in this article, shall unless otherwise stipulated, be presumed to be signed by the testator; the said last wills should, however, be entirely written and dated by the testator's own hand.
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Article 942
Following the demise of the testator, the private or confidential last will shall be submitted to the orphans' chamber, within whose jurisdiction the inheritance is available; this board shall open the last will and draft minutes of the submission and the opening of the last will, and shall include details therein of the condition that it is in; it shall, thereafter be returned to the notary who has filed such document.
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Article 943
The notary, who has kept a last will of any description with his minutes, shall, following the demise of the testator, notify the relevant parties thereof.
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Article 944
Witnesses present at the time that last wills are made, shall be of age, and shall be resident in Indonesia. They shall understand the language in which the last will was drafted, or the language of the deed of superscription or deed of safekeeping.
No heirs, legatees, nor their blood relatives or relatives by marriage up to and including the fourth degree, nor their children or grandchildren, nor blood relatives in the same degree, nor the servants of the notary before whom the last will was drawn up shall be permitted to be witnesses of a last will, made in the form of an official deed.
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Article 945
A Dutch citizen, who is in a foreign country, cannot make a last will in any manner other than by authentic deed and by having regard to the customary formalities in the country in which the deed is drawn up.
He shall, however, be authorized to avail himself of a private document pursuant to and in the manner stipulated in article 935.
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Article 946
In time of war, the soldiers and other individuals serving in the army, who are in the field and in a besieged area, can make their last wills before an officer, who holds at least the rank of a lieutenant, or in the absence of an officer, before an individual, who in that location exercises the highest military authority, in the presence of two witnesses.
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Article 947
The last will of individuals who during the course of travel are at sea, may be executed before the captain or the navigator of the vessel, or in the absence of those, before their substitutes, in the presence of two witnesses.
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Article 948
Individuals, who are in places, with which all relations have been prohibited due to plagues or other contagious diseases, can make their last wills in front of any public European official, in the presence of two witnesses.
Equal authority shall be extended to those, whose lives, due to sudden illness or accident, riot, earthquake or other forces of nature, may be in danger, if, within six poles of their location, there is no individual who is able to carry out notarial services, and if the ministry authorized thereto cannot summon the individuals due to traffic problems or due to their absence. All the circumstances, which have resulted in the last will being made shall be stated in the deed
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Article 949
The last wills mentioned in the three previous articles, shall be signed by the testators, the individual before whom the will was executed and at least one of the witnesses.
If the testator or one of the witnesses declares that he is unable to write or has been prevented from signing, then such declaration including the cause of the impediment shall be expressly referred to in the deed.
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Article 950
The last wills, referred to in articles 946, 947, and 948 first paragraph, shall be invalid, if the testator dies six months after the circumstances which resulted in the wills being drawn up in such a format no longer exist
The last will, mentioned in article 948 second paragraph, shall be invalid, in the event that the testator dies six months after the date of the deed.
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Article 951
In the instances described in articles 946, 947, and 948 , first paragraph, the individuals mentioned therein may make arrangements by private document, provided it is written in its entirety by the hand of the testator and is also dated and signed by him.
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Article 952
Such last will shall be invalid, if the testator dies three months after the circumstances, stipulated in aforementioned three paragraphs, no longer exist, unless such document has been submitted to a notary for safekeeping, in the manner as stipulated in article 932.
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Article 953
The formalities, to which several last wills, according to the stipulations of this section are subject, shall be observed; failure to do so shall render them invalid.
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