Impediments to become executor

Where there is an impediment which does not permit the person appointed as executor to assume the office or the executor is discharged, the heirs shall carry out the purpose of the will and they shall be subject to the following provisions:– (a) where the hereditary shares are not equal, the office shall vest in the heir who is the most benefited; (b) where the hereditary shares are equal, the parties shall appoint the executor from amongst them, and, in case of disagreement or when one of them is a minor or an interdict or an absent person, the competent Court shall appoint one amongst them.