[eu]cite

Home› Civil Code & Private Law› BGB (EN)

Book 5 · Law of succession  ›  Title 4 · Legacies › Section 2151

Right to decide of the person charged or of a third person in the event of more than one person provided for

(1) The testator may give a legacy to more than one person in such a way that the person charged or a third person is to decide which of the plurality of persons is to receive the legacy.

(2) The decision of the person charged is made by declaration to the person who is to receive the legacy; the decision of the third person is made by declaration to the person charged.

(3) If the person charged or the third person is unable to make a decision, the persons provided for are joint and several obligees. The same applies if, upon application by one of the persons concerned, the probate court specifies a period for the person charged or the third person to make the declaration and the period has passed, unless the declaration is made before then. The person receiving the legacy is, in case of doubt, not obliged to divide the legacy.

←→ also move between sections