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262. Where the executor declines to accept the office.— The appointed executors
may decline to accept the appointment. In this event, however, if a legacy is left to the
executor as compensation for discharging the functions of executor, he shall not be entitled
to claim the legacy.
263. Time limit to decline appointment.— The appointed executor who is not
willing to accept the appointment, shall, within thirty days from the knowledge of the will,
so inform, by registered post, the Special Notary of the place where the inheritance opens
with a copy to any one of the beneficiaries under the will. In case of his failure to inform the
authorities mentioned above, he shall be liable to pay damages.
264. When the executor may resign.— The appointed executor who has accepted the
office, may quit the office upon showing just cause such as disability due to illness, absence
for a long period or incompatibility with the discharge of a public office and upon obtaining
an order of the court competent in terms of section 373. Such Order shall be made after
hearing the parties. In case he quits the office without order of the competent Court, he
shall be liable to pay damages.
265. Office of the executor is gratuitous.— The office of the executor is gratuitous,
unless remuneration is provided for by the testator, in the will.
266. Impediments to become executor.— Where there is an impediment which
does not permit the person appointed as executor to assume the office or the executor is
discharged, the heirs shall carry out the purpose of the will and they shall be subject to the
following provisions:-
(a) where the hereditary shares are not equal, the office shall vest in the heir who is the
most benefited;
(b) where the hereditary shares are equal, the parties shall appoint the executor from
amongst them, and, in case of disagreement or when one of them is a minor or an
interdict or an absent person, the competent Court shall appoint one amongst them.
267. Powers of the executor.— The executor shall have such powers as the testator may
have conferred upon him in accordance with law. However, he shall cease to function as
such upon the appointment of the head of the family in an inventory proceeding. He shall
nevertheless be entitled to intervene in the inventory proceeding to bring to the notice of the
court the directions contained in the will.
268. General duties of the executor.— Where the testator does not specify the duties of
the executor, they shall be as follows:-
(i) to make arrangements for the funeral of the testator and to pay the respective
expenses and religious ceremonies in accordance with the wishes of the testator or,
where the will makes no provision in this regard, according to the customary usages;