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Book 5 · Law of succession  ›  Title 1 · General provisions › Section 2077

Ineffectiveness of testamentary dispositions on dissolution of marriage or engagement

(1) A testamentary disposition in which the testator has made provision for their spouse is ineffective if the marriage was dissolved before the testator’s death. It is equivalent to dissolution of marriage if at the time of the death of the testator the prerequisites for divorce were satisfied and the testator had petitioned for divorce or consented to it. The same applies if the deceased at the time of their death was entitled to petition for the annulment of the marriage and had filed the petition.

(2) A testamentary disposition in which the testator has made provision for the person to whom they are engaged is ineffective if the engagement was dissolved before the testator’s death.

(3) The disposition is not ineffective if it is to be assumed that the testator would have made it even in such a case.

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