juris

Section 38:

Succession And Wills Act · PART II: SMALL SUCCESSIONS

consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

38. Movable property may be divided in kind (1) (a) Where it is not necessary to sell the movable property for payment of the debts and the inventory has been completed, the parties may, by consent, divide such property among themselves without any further formality. (b) (i) Where minors are concerned, the guardian must be authorised by the Ministère Public to consent to the division. (ii) The authority shall be given in writing at the foot of the proecipe or other application in which the terms of the proposed division are set out. (2) (a) Where the majority of the parties consent to the division, the notary may, where he considers that a division in kind of the movable property is practicable and expedient, divide the property in kind among the heirs. (b) (i) Where minors are concerned, no such division shall be valid unless the Ministère Public approves it. (ii) The approval shall be given in writing at the foot of the memorandum of division drawn up by the notary.

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