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Book 5 · Law of succession  ›  Title 1 · General provisions › Section 2079

Avoidance for omission of a person entitled to a compulsory portion

A testamentary disposition may be avoided if the testator has omitted a person entitled to a compulsory portion who is in existence at the time of the devolution of the inheritance, the existence of whom was unknown to the testator when they made the testamentary disposition or who was born or became entitled to a compulsory portion only after the testamentary disposition was made. Avoidance is excluded to the extent that it is to be assumed that the testator would have made the disposition even if they had been aware of the circumstances.

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