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Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2308

Avoidance of the disclaimer

(1) Where a person entitled to a compulsory share, who as an heir or a legatee is limited or charged in the manner stated in section 2306, has disclaimed the inheritance or legacy, they may avoid the disclaimer if the limitation or charge had ceased by the time of the disclaimer and this cessation was unknown to them.

(2) The avoidance of the disclaimer of a legacy is governed by the provisions governing the avoidance of an inheritance, accordingly. Avoidance is effected by declaration to the person charged.

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