REQUISITES FOR A FIDEICOMMISSARY SUBSTITUTION:

1. A fiduciary or first heir instituted entrusted with the obligation to preserve and to transmit to a fideicommissary substitute or second heir the whole or part of the inheritance

2. Such substitution must not go beyond one degree from the heir originally instituted

3. The fiduciary or first heir and the second heir are living at the time of the death of the testator

4. The fideicommissary substitution must be expressly made

5. The fideicommissary substitution is imposed on the free portion of the estate and never on the legitime

DEFINITION OF LEGITIME:

- It is that part of the testator�s property which he cannot dispose of
- because the law has reserved it for certain heirs called compulsory heirs