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Part 11 · Special types of insolvency proceedings  ›  Division 1 · Probate insolvency proceedings › Section 327

Lower-ranking obligations

(1) The following are performed as obligations ranking below the obligations referred to in section 39, in the following order, and equal-ranking obligations in proportion to their amount:

1.  obligations towards descendants entitled to a compulsory portion;

2.  obligations under the legacies and bequests ordered in the deceased’s will.

(2) A legacy excluding the legal entitlement of a descendant under section 2307 of the Civil Code ranks among the legal entitlements of descendants insofar as it does not exceed such legal entitlement. If the deceased’s will ordered the satisfaction of a legacy or bequest prior to another legacy or bequest, such legacy or bequest prevails.

(3) An obligation whose creditor has been excluded under proceedings offering the creditors of the estate the opportunity to file their claims or ranks among the creditors excluded under section 1974 of the Civil Code is performed only after the obligations referred to in section 39 and, if it forms part of the obligations under subsection (1), after the obligations with which it would have been identical. In other respects, such restrictions do not affect the order of claims.

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