Article 1711Administrateur de succession, nomination

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 6595/2538 (1995)

   Where a will is void for formal defect, the estate reverts to intestacy; a person entitled by representation under §1639 has a share in the estate and standing to petition for appointment as administrator under §§1711 and 1713.

   The will lacked a date and was therefore void under §1705. With no valid will, the estate fell to the statutory heirs. A grandson of the deceased whose father (a son of the deceased) had predeceased was entitled to inherit by representation; as a person with a share in the estate he had standing to petition for appointment as estate administrator under §§1711 and 1713.

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2. Arrêt de la Cour suprême n° 5735/2533 (1990) ★ Monument

   The right to petition for or object to the appointment of an estate administrator is a personal right that does not pass to the petitioner's or objector's own heirs.

   The petition for and objection to appointment of an estate administrator are personal rights of each heir or interested person and do not pass to that person's heirs on death. When the objector died during the proceedings, the court of appeal's order allowing the objector's heirs to substitute as parties and continuing to hear the objection was held to be improper.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.