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2016-12-26 02:05 网络整理 教案网

If the decedent's estate is a component part of the common property of his family, that portion of the property belonging to the other members of the family shall first be separated at the time of the partitioning of the decedent's estate.

Article 27

Under any of the following circumstances, the part of the estate affected shall be dealt with in accordance with statutory succession:

(1) where inheritance is disclaimed by a testamentary successor or the legacy is disclaimed by a legatee;

(2) where a testamentary successor is disinherited;

(3) where a testamentary successor or legatee predeceases the testator;

(4) where an invalidated portion of the will involves part of the estate; or

(5) where no disposition is made under the will for part of the estate.

Article 28

At the time of the partitioning of the estate, reservation shall be made for the share of an unborn child. The share reserved shall, if the baby is stillborn, be dealt with in accordance with statutory succession.

Article 29

The partitioning of a decedent's estate shall be conducted in a way beneficial to the requirements of production and livelihood; it shall not diminish the usefulness of the estate.

If the estate is unsuitable for partitioning, it may be disposed of by such means as price evaluation, appropriate compensation or co-ownership.

Article 30

A surviving spouse who remarries is entitled to dispose of the property he or she has inherited, subject to no interference by any other person.

Article 31