Testamenteiro
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 278 |
Page 278
s.m. (lat. testamentariu).
s.c.: aquele que é designado pelo testador para executar ou fazer executar as disposições de um testamento; testamentário.
O testamenteiro que se quiser escusar da testamentaria, depois de ter aceitado o cargo, deve pedir a escusa, alegando o motivo do pedido e identificando todos os interessados, que serão citados para contestar.
O juiz decide, depois de produzidas as provas que admitir.
Não sendo contestado o pedido de escusa, as custas são da responsabilidade de todos os interessados.
O interessado que pretenda a remoção do testamenteiro exporá os factos que fundamentam o pedido e identificará todos os interessados.
Só o testamenteiro, porém, é citado para contestar.
Num caso, como noutro, os pedidos são dependência do processo de inventário, quando os haja.
Remissões:
arts. 1470.º a 1473.º C.P.C..
Jurisprudência:
Ac. Rel. Coimbra, de 17/3/96, in Col. Jur., 1976, 1.º-48.
História:
O art...
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