Succession and Testament – Prohibit (within limits) or place conditions on the partition of property

Succession and Testament – Prohibit (within limits) or place conditions on the partition of property

Art. 1300. Limited or conditional prohibition against partition by donor But a donor or testator can order that the effects given or bequeathed by him, be not divided for a certain time, or until the happening of a certain condition. But if the time fixed exceed five years, or if the condition do not.happen within that term, from the day of the donation or of the opening of the succession, the judge, at the expiration of this term of five years, may order the partition, if it is proved to him that the coheirs cannot agree among themselves, or differ as to the administration of the common effects.

Art. 1301. Testator’s right to prohibit partition during minority of heirs If the father or other ascendant orders by his will that no partition shall be made among his minor children or minor grandchildren inheriting from him, during the time of their minority, this prohibition must be observed, until one of the children or grandchildren comes of age, and demands the partition.