CHAPTER IIIAPPLICABLE LAW

Article 26Substantive validity of dispositions of property upon death

1.

For the purposes of Articles 24 and 25 the following elements shall pertain to substantive validity:

(a)

the capacity of the person making the disposition of property upon death to make such a disposition;

(b)

the particular causes which bar the person making the disposition from disposing in favour of certain persons or which bar a person from receiving succession property from the person making the disposition;

(c)

the admissibility of representation for the purposes of making a disposition of property upon death;

(d)

the interpretation of the disposition;

(e)

fraud, duress, mistake and any other questions relating to the consent or intention of the person making the disposition.

2.

Where a person has the capacity to make a disposition of property upon death under the law applicable pursuant to Article 24 or Article 25, a subsequent change of the law applicable shall not affect his capacity to modify or revoke such a disposition.