Swiss Civil Code

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Art. 16

II. Test­a­ment­ary dis­pos­i­tions

 

1The mak­ing or re­voc­a­tion of a test­a­ment­ary dis­pos­i­tion car­ried out be­fore this Code comes in­to force, if done by a per­son sub­sequently de­ceased who had test­a­ment­ary ca­pa­city un­der the law that ap­plied at the time, may not be con­tested on the grounds that the de­ceased died fol­low­ing the com­mence­ment of the new law and would not have had test­a­ment­ary ca­pa­city un­der its pro­vi­sions.

2A test­a­ment­ary dis­pos­i­tion may not be con­tested due to a form­al de­fect if it com­plies with the pro­vi­sions on form that ap­plied when it was made or at the time of death.

3The con­test­ing of a dis­pos­i­tion on the grounds that the test­at­or ex­ceeded his or her test­a­ment­ary free­dom or due to the nature of the dis­pos­i­tion is gov­erned in the case of all test­a­ment­ary dis­pos­i­tions by the pro­vi­sions of the new law if the de­ceased died after the com­mence­ment of this Code.

 

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