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Book 5 · Law of succession  ›  Subtitle 1 · Legal relationship of the heirs between themselves › Section 2044

Exclusion of partitioning

(1) The deceased may by testamentary disposition exclude the partitioning with regard to the estate or individual objects of the estate or make it contingent on a notice period. The provisions of section 749 subsections (2) and (3), and sections 750 and 751 and of section 1010 (1) apply accordingly.

(2) The testamentary disposition ceases to be effective if 30 years have passed since the date of the devolution of the inheritance. However, the testator may provide that the disposition is to remain effective until the occurrence of a particular event relating to the person of a co-heir or, if the testator provides for reversionary succession or a legacy, until the occurrence of the reversionary succession or until the devolution of the legacy. If the co-heir in relation to whom the event is to occur is a legal person, the thirty-year period applies.

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