CAPACITY TO

SUCCEED BY WILL OR
BY INTESTACY
Art. 1024 - 1032

ART. 1024
Persons not incapacitated by law may succeed
by will or ab intestato.
The provisions relating to incapacity by will
are equally applicable to intestate succession.

CAPACITY TO SUCCEED
THE ABILITY TO INHERIT AND RETAIN PROPERTY OBTAINED MORTIS CAUSA.

PAR. 2 EXCEPTIONS
A.

ART. 1027 (1-5)

B.

ART. 1028

BECAUSE THE PROVISIONS CAN ONLY APPLY TO TESTAMENTARY SUCCESSION.

PERSONS IN THIS ARTICLE REFERS:

TO BOTH NATURAL AND JURIDICAL PERSONS
INSANE PERSONS- though incapacitated to enter into
contracts or to make wills or to dispose of their
properties are, nevertheless, entitled or
capacitated to inherit.

KINDS OF INCAPACITY TO SUCCEED

1.

ABSOLUTE-

2.

RELATIVE

can never inherit from

anybody regardless of circumstances
cannot inherit only from
certain persons or certain properties, but
can inherit from others or certain other
properties.

Three kinds of Relative Incapacity:

1.

Because of possible undue influence (Art. 1027)

2.

Because of public policy and morality (Art. 1028

and Art. 739)

3.

Because of unworthiness. (Art.1032)

Art. 1025
In order to be capacitated to inherit, the heir ,
devisee or legatee must be living at the moment the
succession opens, except in case or representation,
when it is proper.
A child already conceived at the time of the death
of the decedent is capable of succeeding provided it is
born later under the conditions prescribed in Art. 41.

Persons Absolutely Incapacitated

2 CLASSES
1. Individuals, associations, and corporations not
permitted by law to inherit (art. 1027, no. 6)
2. Those who lack juridical personality.

Requisite for Capacity to Inherit

It is essential to be either
already living, or at least
conceived at the moment the
succession opens.

No exception rule enunciated in par.1, even when it

says except in case of representation, when it is
proper.
Reason: Even in case of representation, the
representative must already be alive or at least
conceived at the time the succession opens. He himself
must be capable of succeeding the decedent. (Art. 973)

Art. 1026
A testamentary disposition may be made to the State,
provinces, municipal corporations, private corporations,
organizations, or associations of religious, scientific,
cultural, educational, or charitable purposes.
All other corporations or entities may succeed under a
will, unless there is a provision to the contrary in their
charter or the laws of their creation, and always subject
to the same.

Dispositions in Favor of Entities

Some of the organizations referred to this Article
are juridical persons; others are not. In the case of
the latter they are allowed to inherit, not because
they have juridical existence, but because of this
Article.

Art. 1027
The following are incapable of succeeding:
1.

The priest who heard the confession of the testator

during his last illness, or minister of the gospel who
extended spiritual aid to him during the same period;

2.

The relatives of such priest or minister of the gospel

within the fourth degree, the church, order, chapter,
community organization, or institution to which such
priest or minister may belong;

3. A guardian with respect to testamentary

dispositions given by a ward in his favor before the
final accounts of the guardianship have been
approved, even if the testator should die after the
approval thereof; nevertheless, any provision made
by the ward in favor of the guardian when the latter
is his ascendant, descendant, brother, sister, or
spouse, shall be valid;
4. Any attesting witness to the execution of the will,
the spouse, parents, or children, or one claiming
under such witness, spouse, parents, or children;

5. Any physician, surgeon, nurse, health officer, or

druggist who took care of the testator during his last
illness;
6. individuals, associations, and corporations not
permitted by law to Inherit.

Par. 1- Priest of Minister

Reasons for the law to safeguard the rights of the
heirs who may be defrauded by the sinister and
undue influence which may be exercised by some
priests or ministers over a dying man.

Par. 2
Relatives here are those by consanguinity.

Par. 3

- Guardians

Guardians are disqualified unless

a.

The will was made after the approval of the

final accounts

b.

The guardian is a relative.

Reason for disqualifying guardians:

Conclusively presumed to exercise undue
influence.

Par. 4 Attesting Witness

Exception:
If there are 3 other competent and disinterested
witnesses to the will.

Par. 5-

physicians, surgeons, etc.

To disqualify as testamentary heir, it is essential that:

a.

The will in their favor was made during the last

illness and after the care by them had
commenced.

b.

They took care of the testator.

However, par. 5 is not disqualified to inherit by

intestacy because:
1.

The law uses the term testator.

2.

Intestacy takes place by operation of law.

Par. 6 Individuals, associations, and corp. not

permitted by law to inherit
This refers to absolute incapacity.
The prohibition must have been imposed by law.

Art. 1028
The prohibitions mentioned in
Art. 739 concerning donation
inter vivos shall apply to
testamentary provisions.

Incapacity by reason of Public Morality

The ff. donations shall be void:
a. Those made between persons who were guilty of
adultery or concubinage at the time of the donation
b. Those made between persons found guilty of the
same criminal offense, in consideration thereof;
c. Those made to a public officer or his wife,
descendants and ascendants by reason of his office

Example 1.

A and B committed murder and were duly

imprisoned. In As will, he gave B a legacy in
consideration of Bs cooperation in their mutual , if
infamous, undertaking. Is B qualified to receive the
legacy?
Ans:
NO.

Example

A cabinet official, because he had already gained

prestige in his office, gave L, a friend, a legacy. Is
the legacy valid?
Answer.
Yes, provided that L is not otherwise incapacitated.
Notice that the legacy was made by, and not to, the
cabinet member. The prohibition therefore does not
apply.

Art. 1029
Should the testator dispose of the whole or part
of the property for prayers and pious works for the
benefit of his soul, in general terms and without
specifying its application, the executor, with the
courts approval shall deliver one half thereof of its
proceeds to the church or denomination to which the
testator may belong, to be used for such prayers and
pious works, and the other half to the State, for the
purposes mentioned in Art. 1013.

To apply (50-50 dispositions) the

following requisites are essential:
Disposition is for prayers and pious
works
b. Disposition is in general terms
c. Disposition does not specify its
application
a.

Example
If the testator says I want my children to give
P100,000 every year to the church for masses for my
soul, will half the amount go to the State.
Ans.
NO, for here the disposition is not in general terms.

Art. 1030
Testamentary provisions in favor of the poor in general, without
designation of particular persons or of any community, shall be
deemed limited to the poor living in the domicile of the testator at
the time of his death, unless it should clearly appear that his
intention was otherwise.
The designation of the persons who are to be considered as poor
and the distribution of the property shall be made by the person
appointed by the testator for the purpose; in default of such
person, by the executor, by the justice of the peace, the mayor
and the municipal treasurer, who shall decide by a majority of
votes all questions that may arise. In all these cases, the approval
of the Court of First Instance shall be necessary.
The preceding paragraph shall apply when the testator has
disposed of his property in favor of the poor of a definite locality.

Dispositions in Favor of the Poor

Applies to:
a.

The poor in general (par. 1)

b.

The poor of a definite locality (par. 3)

The Poor in General

Unless clearly appearing otherwise, only the
poor in the testators domicile at death should be
considered.

Who designates the Poor?

Ans.
a.

first, the person appointed for the purpose

b.

If none the executor

c.

If no executor then 3 people (by majority

vote):

1. justice of the peace (now a MTC or MTTC

judge)
2. mayor
3. municipal treasurer

Art. 1031
A testamentary provision in favor of a
disqualified person, even though made
under the guise of an onerous contract,
or made through an intermediary, shall
be void.

Purpose of the Article

to prohibit the testator from violating indirectly
what he cannot violate directly.
How the interposition of a third party may be done:
a.

If the disposition is disguised as an onerous

contract.

b.

If fictitious debts are ordered paid.

c.

If an intermediary is interposed.

Example

Art.1032

The following are incapable of succeeding by reason

of unworthiness:
1.

Parents who have abandoned their children or

induced their daughters to lead a corrupt or immoral
life, or attempted against their virtue;

2.

Any person who has been convicted of an attempt

against the life of the testator, his or her spouse,
descendants or ascendants;

3.

Any person who has accused the testator of a crime

for which the law prescribes imprisonment for six
years or more, if the accusation has been found
groundless;

4. Any heir of full age who, having knowledge of the

violent death of the testator, should fail to report it
to an officer of the law within a month, unless the
authorities have already taken action; this
prohibition shall not apply to cases wherein,
according to law, there is no obligation to make an
accusation;
5. Any person convicted of adultery or concubinage
with the spouse of the testator.
6. Any person by fraud, violence, intimidation, or
undue influence should cause the testator to make a
will or change one already made.

7. Any person who by the same means prevents

another from making a will, or from revoking one
already made, or who supplants, conceals, or alters
the latters will;
8. Any person who falsifies or forges a supposed will
of a decedent.

Incapacity by reason of Unworthiness

Par. 1
Q: May this apply to granddaughters and sons?
A: Yes, in view of the parents moral perversity.
Q: suppose the parent had tried the daughter to become
a prostitute, but she did not become one, should the
parent still be incapacitated?
A: Yes, in view again of the moral perversity of the
parent as revealed by his act of persuasion.

Par. 2
this paragraph requires a conviction of final
judgment. hence, an acquittal on any ground even
that of reasonable doubt, does not result
incapacity.
conviction need not be done before the testators
or decedents death. It is enough that the heir be
convicted later on.
if the heir is pardoned, he is still incapacitated.
if given amnesty (before final judgment), he
would be qualified.

Par. 3
for the accusation to be groundless, there must
be a definite acquittal, and not one which is based
merely on reasonable doubt.

Par. 4

Failure to report Violent Death

Requirements:
1.

The heir must be of FULL AGE (at least 21)

2.

He must have knowledge of the VIOLENT DEATH

of the testator.

3.

There is a failure to report such death within a

month, unless the authorities have already taken
action.

4.

There is an OBLIGATION to make the accusation.

Par.5

Conviction by final judgment is essential.

Art. 1032 applies to both testate

and intestate succession.

THANK YOU!
AND GOD BLESS.