Libro Tercero · Título II Capítulo V. Legados

The testator may dispose of a thing, or of a quantity, or of the whole or of a part of his property, by way of legacy, in favor of one or more individual or juridical persons.

A legatee is the person to whom something is given by will, pursuant to the preceding article, even without instituting him as heir.

If the entire inheritance is distributed in legacies, the debts, encumbrances and alimentary portions shall be prorated among the legatees in proportion to the value of their respective legacies.

The legacy of a specific thing has no effect if it is not in the testator's ownership at the time of his death.

In the legacy of an indeterminate thing, comprised within a genus or a species, the choice belongs to the person obligated to pay it.

The legacy of a credit against a third party or that of forgiveness or release of a debt of the legatee shall take effect only with respect to the portion of the credit or of the debt subsisting at the time of the testator's death.

In remuneratory legacies, the rules on donations of this kind shall be observed.

The legacy made to a creditor shall take effect without prejudice to the payment of his credit.

The legacy is accepted expressly when it is requested; and tacitly when the bequeathed thing is received.

If the legacy consists of a pension or life annuity, it begins to run from the day of the testator's death.

If among several heirs none has been specifically charged with paying the legacy, each must do so in proportion to the share that has corresponded to him in the inheritance.

If the obligation to pay the legacy has been imposed on one of the heirs, he alone must do so.

The thing bequeathed shall be delivered with its accessories and in the condition in which it is found on the day of the testator's death.

The necessary expenses for the delivery of the legacy shall be borne by the inheritance.

If the thing bequeathed is encumbered with a pension, servitude or other charge inherent to the estate, such encumbrance shall fall upon the legatee.

If the bequeathed thing were pledged for an obligation of the inheritance or of a third party, the heir shall be obligated to pay.

After one year has elapsed from the testator's death, interest shall be paid to the legatee, if the legacy consists of money.

Upon the heir entering into possession of the inheritance, the legatees shall have the right to request from the executor or the heir, according to the circumstances, delivery of the legacy and its fruits and interest.

In any case, the testator's disposition as to the manner, order and time in which the legacies are to be delivered or paid shall be complied with.

The legatee who dies before the testator acquires no right to the legacy, nor transmits it to his heirs, unless the latter have likewise been called by the testator.

There is no right of accretion among the legatees if the testator did not establish it clearly and expressly.

Where the entire inheritance is distributed in legacies, the instituted heir, if any, shall have the right to a fourth part of the inheritance, which shall be deducted pro rata from the legacies.

If in the will anything shall have been bequeathed to the heir, and the value thereof, added to that of the inheritance, should be less than the fourth part thereof, he shall have the right to complete it, deducting what is necessary pro rata from the other legacies.

That provided in this provision and in articles 1001, 1004, 1006, 1015, 1017, 1018 and 1023 shall be observed if the testator has not provided otherwise.

The rules established with respect to inheritance for two or more heirs shall govern legacies left to two or more persons. Likewise, the provisions of Chapter III of this Title shall govern legacies.