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Book 4 · Family law  ›  Subchapter 5 · Continued community of property › Section 1511

Exclusion of a descendant

(1) Each spouse may, for the eventuality that the marriage is dissolved by their death, by testamentary disposition exclude a descendant of the spouses from the continued community of property.

(2) The excluded descendant may, notwithstanding their right of succession, require payment from the common matrimonial property of the continued community of property of the amount that would be due to them from the common matrimonial property of the marital community of property as a compulsory share if the continued community of property had not commenced. The provisions governing the claim to a compulsory portion apply accordingly.

(3) In the partitioning, the amount paid to the excluded descendant is charged to the descendants entitled to a share under section 1501. As between the descendants, it is charged to the descendants who are benefited by the exclusion.

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