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to the testator's heirs.

If there is no legatee except one, he shall take the bequest alone, or the testamentary act,
unless a phrase quoting the testator as saying, or having an evidence indicating, that he has
meant multiple legatees, in which case, the legatee shall get his share of the bequest, with the
remaining to go to the testator's heirs, and the testamentary act to be divided between the
legatee and the testator's heirs if finding another legatee is deemed impossible.
If the Will covers various utilities and arranged layers of legatees, the lower layer shall
benefit from the Will if the higher layer is deemed impossible to be found, or are extinct,
taking the provisions of the above two articles into consideration.
If all layers become extinct, the testamentary act shall be considered as an inheritable
estate, unl ess the testator has bequeathed it, or part thereof, to others.
The Will shall be held valid for the innumerable, to be specifically given to the neediest
among them, and its distribution among them shall be left up to the Will's executor
irrespective of generalization or equality.
Executing the Will shall be assumed by the person selected by the testator, if none, then
to the person to be appointed by the court.
If the Will belongs to a group of persons collectively named irrespective of their
individual names, with some of them considered as unqualified to the Will at the time of
testator's death, the rest shall be entitled to all the Will taking the provisions of articles:
(236, 237 & 238) into consideration.
If the Will is j ointly shared between designated names and a group or a destination, or is
jointly shared between a group and a destination, or is jointly shared among them all , each
designated name, and each individual of the collective and the non-collective groups, and
each of the destinations, shall hold one share of the testamentary act, unless otherwise stated
by the testator.
If the Will belongs to the designated individuals, the share of anyone who is considered
as unqualified, at the time of the testator's death, shall go to the testator's estate.
fthe Will L' nullified concerning a designated individual or a the
testamentary act shall return to the tesUltor"
b- ifall remaining Wills, and the nullified part-s the third
shall be divided among the .. an .he heirs proportiomltely to both the reD.lnlning
and nullified parts.
The Will shall be held vali d in pregnancy cases, as follows:
1- 1 the testator a kno I ges he p nancy at the li me of th and the ret , is
bom alive in three hun ' red SlxtJ tive days or less as fromthlZ WilP dt\t ,
2- If the testator has not acknowledged the and futu' i' born in
max.imumof two hundJ'i and seventy days from th Will\:' dat unle' the PNgnant
woman as b n ob erving the ida'a for a period of waiting Qr tor an irrevotabl
h reby th Will shall be held valid if the fetus is born ali in three
and six y fiv da}'$ or less s from e ate of the: death or the divorte.
If the Will is given to the fetus belonging to an identified person, the Will shall be held
valid, in addition to the above, provided proof of Al-nassab is submitted.
The testamentary act shall be suspended until the birth of the living fetus, when it shall
be given to him.
a- ft regnant woman delivers two living ba les 0' more t ti or on
ditlerent tim with at least months in between\ the Will , hall be divided Uy
between them unless otherwise stated In the Wilt
b- Ifone is bonl dead, the one surviving get: II the ilL
c- Ifone of the childrer di s ftr birth: in the Will for a tes III ntary ' tate hi share
hall be given in while in testa umtary share shall be given in
replacement to the utility until his death in to return to the testator's heirs
after his death.
The Will shall be given to non-heirs within the disposable third of the estate after
discharging the debt without permission of the heirs.
It may not be executed to an heir, even to anything in excess of the third, unless so
approved by the heirs after the testator's death, and the person giving the approval is fully
If some of the heirs approve the Will to go to an heir, or whatever is in-excess of the
third to a non- heir, against the disapproval of others, it shall be executed by the approving
The Will shall be executed for a testator with no debts, and with no heir to his complete
estate or part thereof wi thout permission from the Public Treasury.
a- T e Will of a debtor whose debt exhausts all his estate be held vaha but will
not be executed until the debt is disch l'ged.
b- If the debt is partiully discharget.t or if the is not totally the Will
hall be executed from the third after writing off or di$charging the debt.
If the debt is not exhausting, and all or part thereof is recoverable from the testamentary
act, the legatee may recourse for the discharged debt within the third remaining from the
estate after payment of the debt.
If the Will equals the portion of a particular heir to the testator, the legatee deserves the
equivalent to the heir's portion in excess to the incumbent portion.
If the Will equals the portion of a non-particular heir to the testator, the legatee deserves
the portion of one of them in excess to the incumbent portion in case of equal shares, and the
portion of their small est shares in excess to the incumbent portion in case of variable shares.
a- If he Will fur is for a commUll share in the state, and fur another is fo the
C!quivalent of the portion ofa particular 0 heir. t\ shall 00
estimated tor him equivalent to the heir's portion tonsidering that thi is the only
with the hird to be divided between the two in a if the third i not sufficient
b- If the Will is 'Or it limited amount of money or for one of the testamenUlry acts of th.
estate, instead of the common the money or the value .f thi; lct shall be
to its valu . to the est te
s 5hares.
If the Will is for a limited amount of money, or for a testamentary act, and the estate
includes a debt or a missing estate, if the testamentary estate exceeds the existing third of the
estate, the legatee shall be entitled to that much, otherwise, he shall be enti tled to that much
of the third and the remaining to go to the heirs, and the legatee shall get thi rd of whatever
comes in until he completes his share.
If the Will is for a common share in the estate, and it includes a debt or a missing estate,
the legatee shall be entitl ed to his share from the existing part therefrom, and shall get his
share from whatever comes in.
If the Will is for a common share in one kind of the estate, which includes a debt or a
missing sub-estate, the legatee shall be enti tled to his share from this existing kind of the
estate if this share is payable from the third of the existing estate; otherwise, the legatee shall
be entitled to his share equally to this third, and the remaining shall go the heirs; and legatee
shall get as much as the third of this kind in which his share i bequeathed from whatever
comes in, provided this does not harm the heirs' interests, otherwise, the legatee gets the
value of the remaining portion of his share in this kind stated in the Will from the third of
whatever comes in until he completes his rights.
a- naIl ta"es stated in the above articles, trthe estate contains t\ mlture d bt on any of
the heirs, which is of the same kind of the estatti; aU or l offi
conducted for the heir's po tion tl\)m this specit1c which shall be as tm
existing estate.
b- lfthe debt due on the heir is not from the same kind of the existing t\ set-off
shall not be and this debt shall be considered as an existing estate if equal to
the heir's portion ofthe existing estate or less; i more, the sum eq\u\l to this ponion
shall be considered an existmg est fe.
-11 this case, the he.r may not receive his portion in e tate unl(;ss
discharge' his debt; ifhe does not, he JU ' ge sells it and pays off the d bt from its
money collected.
c- Types of money and pa ers are considered from the same kind.
If the Will is for a property of the estate, or one of its kinds, and it is perished or paid off,
the legatee shall not be entitled to anything; if part thereof is perished or paid off, the legatee
shall get whatever remains if outside the estate's third, otherwise, the third goes to him.
a- If til Will i or a common portion tn a property, peri 'hed or paid ott the
legatee shall get nothing.
b- Ifpart is perishtd or paid th legatee shall all Will from the
remaining part if su Hdent provided it is outside the third of the
c- If the remaining part does not cover the Will and is outside the he takes the
whole remaining part; and if't covers tor the Will in..ex.eess of the third, he takes
as much a is equival nt to he third, \
a- fthe Will i for 8 con; non portion in a kind of the testatorls properties, later
perished or paid on: nothing remains to the legatee.
b- Ifpart is perished or paid otT. he shall only be entitled to his dune in the reAl) inil1l
part' f is outside third: he may only get 3S much 3 the third,
Sec 0
a- If the utility bequest for a propeny is determlnoo for n of time with ru\
effective and x.piry dates sta ed, the II utility for the said
b- lfthis period expires prior 0 the death 0 the the bequest is void; if part of
the period lap ed, the legat shall the utility for the remaining
c- If the period is tt ed but with no specific effective it be as
etTec i'e as from the date (J f the testator's death.
a- f any of the heirs, or one, prevented the lega.tet from util izing the property fur the
whole period or part ofit, le should be recompensed fur the utility. unle'S
and al the heirs to recompense for an addition 1 period of the utility.
b- It the utility is dell.ied. by the testator, or for any other reason 1
from utilizing the beques " he sho Id entitled 0 another as from the date
Ii ita ion is removctl.
Taking the provisions of the above two articles into consideration:
a- If he utility Will or an unidentitied grouV beli ,ved () be of continuum) or to a
charity fund and Will ifpennanetl or the legatts shaH the utility
Will on etmal basL.
lr lfthe bequest is eternal or absolute for all unidentitl00 group believed not tQ be of
conti uurn, the legatees shall have e utility until their extinction.
If the utility bequest is set for a specific period of time, for an identified group, and for
their successors believed to be of continuum, or to a charity fund, and none of the group is
found for the period of thirty three lunar years as from the date of the testator's death, or
during the said utility period; or is found during this period and has become extinct before its
expiry, the utility for the whole period or part thereof shall go to other charity activities that
is wide in scale.
If the testamentary utility could be utilized or manipulated in any other mean than stated
in the bequest, the legatee may utilize it or manipulate it in the manner he deems appropriate
provided he does not cause any harm or damage to the testamentary bequest.
If the bequest is for the proceeds or the harvest, the legatee shall have the proceeds or the
harvest existing at the testator's death, and any later proceeds or harvests, unless otherwise
substantially proved.
a- fthe bequest is tb selli ' g he property to the legatw tor (\ or fur
leasing it 0 him tor a specific period ot time against a quoted price, and the priCI;) or
rental fee is inequitably fur less its equivalent to be taken from outside the third of the
esta or a little the bequest L e:xt:euted.
b- I the prohibitive inequity is not ou ide the and the in-excess i ' not approved
by the the bequest is no executed unless the legatee agrees to pay the
For a bequest for a share in the utility, the share is paid off by dividing the proceeds or
the harvest between the legatee and the heirs proportionately, or by arrangements in time or
space, or by dividing the property if possible without causing any harm to it; in case of
dispute, the court may appoint any of the above options.
The legatee for a utility shall be responsible for all relevant responsibilities and to do
whatever necessary to fulfill its utility as if it were bequeathed for another.
The utility bequest is canceled in the following cases:
a- The death of the legatet:; fore completing the testamentary aU or part.
b- If the legatee uys the property bequeathed to him.
c- Assigning his . nt in the bequest to the tesUltQr'S heirs or Withoutl &
recompen 'e.
d- The estamentary utility fulling mat re to a d bt.
The testator's heirs may execute the selling of their share in the testamentary property
without the legatee's permission.
If the utility bequest is for perpetuity, a lifetime or absolute, the legatee shall be entitled
to the utility for his li fetime provided his entitlement begins within thirty lunar years as from
the date of the testator's death.
Calculating the utility bequest and rights as outside the third of the estate as follows:
a- fthe utility OOques is for p.:rpetuity, absolute or for the s or fur
period exceeding twenty yi;!ars; for a bequest including aU utilities ofth the
utilities shall be considered as equal to the value Qfthe property and for
with a proponional share of he utilities, it is equivalent to its counterpart in the
b- For a utility beques for a maximum of ten it may be estimated on the basis of
the val e of the utility eq est for this period.
c- Fo a bequest of one of the rights of the property, it may on the differel'too
between the property value added to the bequeathed right and its value without it
a- A tes amentary remun ,ration from the capttal for a : et duration is valid; nd fl
specific allotment should be made to ensure execution of th() in 3 manner that
does not ca.u e harm to tht; heirs.
b-It it is in excess of the third of the estate, against the disapproval of the n
equivalent to the tlurd shall be allotted and the bequest is exoouted aooordinglyn
third and its proceeds until th gets his renmnerntionts equally to the third of the
estate at time of the t stator's death, or until the d\lrt\tion ex.pires or the legntoo dies.
If the bequest is for a remuneration payable from the estate's proceeds, or from the
proceeds of one of its properties for a specific duration, the estate or the property shall be
estimated as inclusive of the bequeathed remuneration, and if within the third the bequest is
executed, if in-excess and is disapproved by the heirs, the equivalent of the third is executed
and the excess of the remuneration and its equivalent of the estate or the property shall go to
the heirs.
8- f the bequest is tor a remuneration from the or from the for
perpetuity or absolute or for the legatee
s his lire spa 1 shall 00 estimated at
'eventy years for the sake ofdetermin ng avmg the bequest outside th
and a sufficient amOU1'lt shall be allotted from the testator's money to ensure
ofthe bequest in the manner stated :n article (173) ifthe OOquest is for a remun mtion
from the capital; and an allotment is made from the proceed Of the harvest equival t
to the testam ntary remuneration in manner stnted in mid (176) if OOqllest is
tor a remuneration frolll tbe proceeds, or he harvest
b- If the legatee dies before expiry of the period statoo in the the
remaining portion of the bequest goes to his successors or to other
in succession' ifthe money allocatoo 6)r executing the beque t e)tpires or the
survives the set h may recourse on the h'l!irs fur within the third,
c- In 11 the legatee's age should not be estln13tOO as les:.> than tetl yem'S
ex.ecuting the tes amentary
a- or a estamentary remuneration th the 1 gat shall his
remuneration from the proceeds property allotted for the bequest;
is insufficient, the heirs may complete the amount, otherwi nough should 00 sold of
thi ' property to cover for the remuneration amount.
If the proceeds exceeds the remU,.l ration} the in-exce goe back to the testator's
b- or a testamentary from the proceeds, the remuneration is aid offfrom th proc ,
allotted or the bequ st; prof..> ' s exceed the remunemt'on in certain yeafS\ it do
not go back to the testator';; heirs but should kept in to cover for shortnge of
the proceeds in Qther years.
c- ]fthe bequest states that the remuneration should be paid Of i so
subs ntiaIly proved, the nnua} surplus goes back to the testator' , h irs.
a- If t e remuneration is equeathed to a destination of uum nature as an b olut
bequest or for pe a sufficient amount be allotted from the testtltor's
money who e proceed should ensure exc ution ofth but tb should
not be more than. the third xcept if _PP1"OVed by the hei .
b- (fthe roceeds from the allotrnent is for more than the testttmenttuy
the in-excess goes wthe an ' if it is less than the remuneration, this d 'tlnation
mhy not recours"" on the testator's h irs.
a- n cas ' indicated in articl ' S - 216), the t tatar's heirs may take over the
allotment for xecuting the testamentary remunerntion or disposing thereof, provided
they deposit in an entity to the legatee, or is ppointoo by the j the toml
remuneration', in cash and the deposited amount shall be u cd to cover for execution of
the bequest.
b- If the legatee dies before the expiry nfthe deposited the l'cmainin pnrt g
to the testator's heirs.
c- The legatee shall resign 11 his rights in the upon dePO 'it or allotmMt
Testamentary remuneration from the capital, or from the proceeds, may not be held valid
except for those existing from among the legatees at the time of the testator's death, whose
life to be estimated as under article (257) and the bequests to be executed as stipulated
xc s
a- fthe testator changes the features of the testtlmenwy or to its
building but without standing such as work the whole
is tes amentary.
b-lfthe addition stands individually as plantation and th.e heirs
share the whole property with the legatee for the value of the QX.i tina addition.
a- fthe testator demolishes the testamentary and rebuilds it as it the
buildIng in its new condition, is estamentary even if looks ditrerent.
b- lfhe rebuilds he building under a different the property is shared witb
value ofth buUdin to go 0 the heirs and tht: hmd value to the
If the testator demolishes the testamentary property, and annexed the land to his existing
land and build on both, the legatee shares the whole land and the buildi ng with the heirs
proportionately for the value of his land.
Except for the provisions of Article (280) paragraph (2), (28 1) paragraph (2) and (282),
if the amount paid by the testator or has added to the property is customarily disregarded, the
addition shall go to the bequest. The increase that is not disregarded shall also go to the
bequest if proved that such would serve the intention.
If the testator annexed the buil ding of the testamentary property to the building of
another property owned by him into one unit rendering it impossible to separate the
testamentary property, the legatee shares with the heirs as much equi valent in his bequest.
( ver
a- If all bequestsexceed the estate's third, and the heirs do not approve of the :>tooss,
the third is divided atnQn... in a set-off.
b- If the heirs allowror the which is insuftident to the total th.e estille
is divided among the legatees in a set-off.
If the bequest is made for multiple relationship, the bequest shall be executed as follows:
a- Ifthe relationship is of the sam equitable distribution i "
b- Ifof different degrees, AI-fard (ordained acts) take pl'eCience in distribution,
wajebat (incumbent acts) to come next and AI-nawafel (unoroainoo acts) of
benevolence to come las, 0 b . exocuted in the above
If testamentary remuneration are overlapping, and some of the legatees die or a
destination with a testamentary remuneration is terminated, the share of those dead and those
terminated go to the testator's heirs.
ARTICLE -287- Bis
If the deceased did not make a bequeath to his son's descendant, who died during his life
or died with him, even if its is a ruling, for as much as his share of what he would have
originally inherited in hi s legacy ifhe were alive at his death, the descendant shall be entitled
in the legacy to as much as this share within the limit of the third. Thi s is provided that he is
not an inheritor, and that the deceased person gave him, without an offset, through another
act what he is due. If he was given less than that he shall be entitled to a legacy equivalent to
what he owns.
This legacy shall be for those of the first degree of girls' children and for his sons from
the sons of the Zihar, even if they descend. This is provided that each origin conceals his
descendant apart from the descendant of others, and that the share of every ascendant shall be
divided between his descendents even if they descend. The di vision of the legacy shall be as
if his ascendant or his ascendants who are tied to the deceased died after him, and their
death was put in an order likewise the order of classes.
Article -287 - Bis A
In case the deceased bequeathed to whom is entitled the legacy with more than his share,
the excess shall be an optional legacy, and if he bequeathed him less than his share he shall
be entitled what completes it.
If he bequeathed for some who are entitled the legacy without others, those who are not
bequeathed shall be an equivalent share.
The share of the person who was not bequeathed shall be taken, and it shall be settled the
share of who was bequeathed with less than entitled from the remaining of the third. If it is