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Book 5 · Law of succession  ›  Division 5 · Compulsory share › Section 2336

Form, burden of proof and ineffectiveness of deprivation

(1) The deprivation of the right to a compulsory share is effected by testamentary disposition.

(2) The reason for the deprivation must exist at the time when the disposition is made and must be stated in the disposition. For deprivation under section 2333 (1) no. 4, the offence must have been committed at the time of the establishment and the reason for the unreasonableness must apply; both must be stated in the order.

(3) The burden of proving the reason lies on the person who asserts the deprivation.

(4) (repealed)

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