Part II Legacy Chapter I General Provisions Definition of legacy 286. Legacy is a disposition in the form of donation, with effect after death of the testator. Effectiveness of legacy 287. Subject to the provisions of this Act, legacy shall be effective within the limits of one-third of the estate of the testator after payment of the rights, relating thereto; and shall be valid in what exceeds one-third, within the limits of the share of whoever has ratified the same of the major heirs. Death bed disposition 288. The provisions of legacy shall apply to every disposition conducted on death bed, with the aim of donation or favoritism whatever the name given thereto may be. Chapter II The Two Pillars and Conditions Pillars of legacy 289. Pillars of legacy are the following: (a) the form; (b) the testator; (c) the legatee; (d) the bequeathed. Form of legacy 290. Legacy shall be concluded by word of mouth or writing. Where the testator is unable thereto, then by intelligible sign. Legacy subject to condition 291. Where legacy is subject to a condition, which is inconsistent with Sharia aims, or the provisions of this act, the condition shall be avoided, and the legacy shall be valid. Hearing and proof of suit of legacy 292.(1) No legacy suit, shall be heard on denial or retraction thereof, save by written evidence. (2) In case of necessity legacy may be proved by testimony. Capacity of the testator 293. (1) Legacy shall be valid from whoever may have the capacity of donation, even though conducted on death bed. (2) Where the testator is interdicted for spendthriftness, his legacy may be valid in charitable aspects. Amendment and retraction of legacy 294. (1) A testator may amend or retract the legacy totally, or in part. (2) The testator's devolution of the particular property he has bequeathed shall be deemed retraction thereby of the legacy. Conditions of the validity of legacy in respect of the legatee 295. For validity of legacy in respect of the legatee, there shall be required that: (a) he shall be present at the time of legacy, de facto, or de jure; (b) he shall not be unknown; (c) he shall not be a sinful body; (d) he shall not be a murderer of the testator. Difference of legatee from the testator in religion and nationality 296. Where the legatee is different in religion or nationality, he may be bequeathed. Legacy for an heir 297.(1) No legacy shall be for an heir, save it is ratified by the rest of the heirs. (2) Where some of the heirs ratify the legacy, it shall be effective in their share. (3) There shall be required for the validity of ratification of the legacy that: (a) it shall be after the death of the testator; (b) the ratifier shall be from those capable of donation; (c) the legatee shall be aware of what the testator has bequeathed. (4) The legatee being an heir, or not, shall be given due regard at the time of the testator's death, and not at the legacy time. 28