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Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2318

Burden of the compulsory share in the case of legacies and testamentary burdens

(1) The heir may refuse the performance of a legacy with which they are charged to the extent that the burden of the compulsory share is borne proportionately by the heir and the legatee. The same applies to a testamentary burden.

(2) This reduction is permissible in relation to a legatee who is entitled to a compulsory share only to the extent that their compulsory share remains with them.

(3) If the heir is himself or herself a person entitled to a compulsory share, then they may, on account of their compulsory share burden, reduce the legacy and the testamentary burden such that they retain their own compulsory share.

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