Article 1173: Trusting the administration of inheritance property

1. If the inheritance includes property requiring not only security but also management (enterprise, share in the statutory (consumable) capital of a corporate entity, rations, securities, etc.) As the founder of the trustee, the notary enters into a trust agreement for the custody of the property in accordance with article 1026 of the present Code. Prior to the conclusion of the contract of trust in the inheritance property by the independent evaluator, an evaluation of the portion of the property that is transferred to the trustee must be carried out. 2. In the case of a will in which a will is made, the estate is to be protected and managed (art. 1174). I, the person who performs the will, shall be considered the trustee of the estate from the moment he or she expresses his or her consent to be the perpetrator of the will (art. 1134). The purpose of the property is to preserve the property and to increase its value. Including a case where a will has been given to a certain person for the duration of the protection and management of the estate. In the case of a beneficiary, the beneficiary shall have the refusal of the trustee of the estate. e Administration of property prior to the issuance of a certificate of right to inherit to one of the heirs, except if a contract of trust or will provides for a duty until 4. Reimbursing, by means of the property entrusted to the trustee, the expenses specified in article 1174 of the present Code. The estate and its management in cases where the will of the testator contains its inheritance management orders, the trustee and the applicant are required to act on a par with the estate. 5. A notary exercising the powers of the founder shall vote in the highest organs of corporations in the manner specified in the will. In the event of detection, the trustee is obliged to monitor the performance of his duties at least once every two months. A notary may unilaterally terminate a trust agreement, require the trustee to provide 6. A person who meets the requirements specified in article 1015 of the present Code may be appointed as a trustee. e The alleged heir, who may be appointed with the consent of other heirs identified at the time of appointment of the trustee and, if they object, on the basis of a decision of the court 7. In the event of the transfer of the estate to several trustees, each of them has the power to administer the estate if the trust agreement There is no provision for trustees to exercise these powers jointly. They are obliged to terminate the trust agreement of the notary with such managers in the management of the estate, to require the trustees to provide 8. A trust agreement for the custody of the estate may be concluded for a period of time not exceeding one year. In any case, at the time of issuing a certificate of right to inherit, at least one of the heirs, if the certificate indicates the property that is the subject of the trust. or if the certificate is issued in respect of all the estates of the heir, wherever they may be expressed and wherever they may be, the heir(s) shall be transferred to such heir(s) The notary who has established the trust is exempt from the duties of the founder. Your heir has the right to terminate the trust and to demand from the trustee the transfer of the property in trust to which the estate has been transferred. In the absence of a claim by the heirs for the transfer of property held in trust, the trust agreement was administered by the trustee. A period of five years shall be deemed to have been extended and the trust may be terminated on the grounds provided for in article 10 to 24 of the present Code.