Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1352

 When a provision of a will is subject to a condition and such condition has been fulfilled since before the time of the death of the testator, if it is a condition precedent, such provision of the will shall take effect upon the death of the testator, or if it is a condition subsequent, such provision of the will shall take no effect.

If the condition precedent is fulfilled after the death of the testator, the provision of the will shall take effect from the time of the fulfilment of the condition.

If the condition subsequent is fulfilled after the death of the testator, the provision of the will shall take effect from the time of the death of the testator but shall lose its effect upon the fulfilment of the condition.

However, if the testator has designated in the will that the fulfilment of the condition shall take retroactive effect from the time of his death in either of the events mentioned in the two previous paragraphs, then the intention of the testator shall govern.

When a will is subject to a condition precedent, a person benefited by the contents of such will may request a court to appoint an administrator for the property bequeathed by the will until the time the condition is fulfilled or until the fulfilment of the condition becomes impossible.