Who may receive by will

(1) Only living persons, including an embryo, may acquire by will. The embryo is deemed to exist when born alive and with human figure within 300 days from the death of the testator. (2) However, the disposition is valid even when the future heir or legatee is born beyond the period of 300 days from the date of the death of the testator, if the disposition is in favour of the children yet to be born who are descendants in the first degree of certain or specified persons alive at the time of the death of the testator.