1. If a person dies, even if such death is legally deemed, and has son’s or daughter’s children, and that son or daughter is deceased before him/her or with him/her, these grandchildren are entitled, within the limits of one-third of his/her estate, to a mandatory will according to the following amount and conditions: a. The mandatory will for these grandchildren shall be equivalent to the amount of their share from what their father/mother would have inherited from their deceased ascendant presuming that their father/mother dies following the death of his/her said ascendant, provided that this share does not exceed one-third of the estate. b. These grandchildren are not entitled to a mandatory will if they are heirs of their deceased grandfather or grandmother, or if he/she had bequeathed to them or given them during his/her lifetime without consideration the amount they are entitled to by virtue of this mandatory will. If he/she bequeathed to them less than that, it is obligatory to be supplemented. If he/she bequeathed more, the excess shall be treated as a discretionary will. If he/she bequeathed to some of them only, the will is mandatory for the other in accordance with his/her share. c. This mandatory will applies to the son’s children and the daughter’s children, even if they descend, whether they are one or more, the male receiving twice the female’s shares, in which each ascendant (root) excludes its descendants (branch), but not the descendant (branch) of another, where each descendant (branch) takes only the share of its ascendant (root). 2. The mandatory Will takes precedence over the discretionary wills in being taken from one-third of the estate. 3. The murderer of the testator and the apostate shall be deprived of deserving the mandatory will in accordance with the provisions of this Law.
Interpretation and application must be checked against the official text and current version.
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