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(ii) to cause registration of the closed will, if it is in his custody, before the competent
authority, within thirty days from the date of the knowledge of the death of the testator;
(iii) to carry out or execute the testamentary dispositions and to defend, if necessary,
their validity in or outside the court;
(iv) to allow the parties to take inspection of the will, if it is in his custody, and to allow
true copies thereof to be taken, when so requested.
269. Duty to initiate inventory.— (1) (a) The executor shall institute inventory
proceeding where there are minors, interdicted or absent heirs and legatees.
(b) Where the testator has empowered the executor to utilize the income of a certain
part of the estate for the benefit of a charitable or public utility foundation or trust or
institution, which is intended to be created by the will or which does not have a legal
personality, the executor shall initiate inventory proceeding and apply for the sale of
such part of the estate by public auction.
(2) The procedure laid down in clause (b) of sub-section (1) shall not be applicable where
the inheritance or legacy was left for the aforesaid purpose to an institution with legal
personality or a trust already in existence.
270. When the testator leaves forced heirs.— Where the testator leaves forced heirs, the
testator shall not authorize the executor to take charge of the estate. However, the testator
may direct that the forced heirs shall not take charge thereof, unless inventory proceeding
are instituted and the executor is served.
271. Where the testator does not leave forced heirs.— (1) Where the testator leaves
heirs who are not forced heirs, he may authorize the executor to take charge of the estate
but he shall not exempt the executor from instituting inventory proceeding.
(2) Such heirs may prevent the executor from taking charge of the estate by providing to
him the necessary amount to meet the expenses for the discharge of his functions.
(3) Where there are no funds in the estate sufficient to meet the expenses of the executor
and the heirs are not willing or are unable to advance the necessary amount, it shall be
lawful for the executor to cause the sale of movables and, if the amount realized is not
sufficient, to cause the sale of one or more immovables after hearing the heirs; if any of the
heirs is a minor, absent person or an interdict, the sale of the movables or immovable shall
be done by public auction.
272. Time limit to carry out the will.— (1) When no time limit has been fixed in the will for
its execution, the executor shall carry it out within one year from the date on which he
assumes office or from the date on which the litigation, if any, with regard to the validity or
nullity of the will, has come to an end.