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Book 5 · Law of succession  ›  Title 6 · Executor › Section 2217

Making available objects of the estate

(1) The executor is to make available, upon demand, to the heir for the latter’s free disposition any objects of the estate which the executor evidently does not require to perform their duties. Upon the objects so having been made available, the executor’s right to administer these objects is extinguished.

(2) The executor may not refuse to make available the objects by reason of any obligations of the estate which are not based on a legacy or a testamentary burden, or by reason of any legacies or testamentary burdens that are subject to a condition or due on a specific date, if the heir provides security for the discharge of the obligations or for the fulfilment of the legacies or testamentary burdens.

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