Brand new fiduciary should be obliged to send the brand new inheritance toward 2nd heir, instead of most other write-offs compared to those and therefore arise off legitimate expenses, loans and you will developments, save your self in the case where in fact the testator has provided if not
Ways. 863. An effective fideicommissary substitution by virtue where the newest fiduciary otherwise very first heir instituted are trusted into responsibility in preserving also to broadcast to help you a moment heir the entire otherwise the main genetics, should be good and shall begin working, given for example substitution will not meet or exceed you to definitely studies in the heir in the first place instituted, and you can considering next, your fiduciary or very first heir and 2nd heir are way of living during the time of the newest loss of the brand new testator. (781a)
A complete position not to ever offer a primary or further relationship would be thought to be maybe not written except if such as for instance updates has been enforced on the widow or widower because of the dry mate, otherwise from the latter’s ascendants or descendants
Art. 866. Continuarea