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Book 5 · Law of succession  ›  Title 1 · General provisions › Section 2081

Declaration of avoidance

(1) The avoidance of a testamentary disposition that appoints an heir, excludes an heir on intestacy from succession, appoints an executor or cancels a disposition of such a kind is effected by a declaration made to the probate court.

(2) As a rule, the probate court is to communicate the declaration of avoidance to the person who is directly benefited by the disposition avoided. It is to permit inspection by every person who satisfactorily demonstrates an interest of a legal nature.

(3) The provision of subsection (1) also applies to the avoidance of a testamentary disposition that does not create a right for another person, in particular to the avoidance of a testamentary burden.

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