Several personal aspects in the partition carried out by the testator himself

Abstract

The partition carried out by the testator is an institution not much studied by the doctrine, but that raises interesting problems in succession law. In this paper we are going to analyze the most outstanding personal aspects in this figure, such as the special rights that are attributed to the testator if he uses this faculty, the need to respect it by those interested in the hereditary succession, and the possibility of the heirs to modify it if they are not interested in its results, if it can be carried out by any deceased or only the deceased with a will, its differences with the institution of heir in a certain thing or the legacy of the testator's own thing, and how to solve possible discrepancies that may arise between the institution of heirs and the partition made.