ARTICLES 1030 - 1035 Capacity To Succeed by Will or by Intestacy

ARTICLES 1030 - 1035 Art.
1031
Capacity to Succeed by Will or A testamentary provision in favor of a
by Intestacy disqualified person, even though made
under the guise of an onerous contract, or
made through an intermediary, shall be
Art. 1030 void.
Testamentary provisions in favor of
the poor in general, without Rationale: “what cannot be done directly,
designation of particular persons or of cannot be done indirectly”.
any community, shall be deemed
limited to the poor living in the WHO ARE INCAPABLE OF SUCCEEDING
domicile of the testator at the time of BY REASON OF UNWORTHINESS?
his death, unless it should clearly
appear that his intention was Art. 1032
otherwise The following are incapable of succeeding
by reason of unworthiness:
The designation of the persons who
are to be considered as poor and the (1) Parents who have abandoned their
distribution of the property shall be children or induced their daughters to lead
made by the person appointed by the a corrupt or immoral life, or attempted
testator for the purpose; in default of against their virtue;
such person, by the executor, and
(2) Any person who has been convicted of
should there be no executor, by the
an attempt against the life of the testator,
justice of the peace, the mayor, and
his or her spouse, descendants, or
the municipal treasurer, who shall
ascendants;
decide by a majority of votes all
questions that may arise. In all these
(3) Any person who has accused the testator
cases, the approval of the Court of
of a crime for which the law prescribes
First Instance shall be necessary.
imprisonment for six years or more, if the
accusation has been found groundless;
The preceding paragraph shall apply
when the testator has disposed of his
(4) Any heir of full age who, having
property in favor of the poor of a
knowledge of the violent death of the
definite locality. (749a).
testator, should fail to report it to an officer
of the law within a month, unless the
Who are the “poor in general”?
authorities have already taken action; this
The beneficiaries are determined either:
prohibition shall not apply to cases
If there is no designated locality (Par.1) Or
wherein, according to law, there is no
there is a definite locality (Par. 3)
obligation to make an accusation;
Who to determines the individual

(5) Any person convicted of adultery or
beneficiaries within the class designated
concubinage with the spouse of the
by the testator?
testator;
1. person appointed by the testator for
the purpose; (6) Any person who by fraud, violence,
2. in default of such person, by the intimidation, or undue influence should
executor, cause the testator to make a will or to
3. and should there be no executor, by change one already made;
the justice of the peace, the mayor,
and the municipal treasurer (7) Any person who by the same means
prevents another from making a will, or
from revoking one already made, or who unworthiness so basically there is an
supplants, conceals, or alters the latter's implied condonation;
will; 2. when after having known of such
unworthiness, the testator condones
(8) Any person who falsifies or forges a them in writing.
supposed will of the decedent. (756, 673,
674a) Sample Problem:
A, son tried to kill his father, and went to
Is this applicable to granddaughters and prison for the crime. Knowing this, the father
sons? – YES made a will giving said son the entire estate.
There were no other compulsory heirs. Will
Supposed the parent induced their the son inherit the whole estate?
daughter to become a prostitute but didn’t
become one, will the parents still be Answer:
incapacitated? – YES Yes, the cause of his unworthiness shall be
without effect since the father had knowledge
TN: “attempted” means that the parents need thereof at the time the will was made.
not convicted.
Hence, an acquittal on any ground, even that
of “reasonable doubt,” does not result in WHEN IS “CAPACITY TO SUCCEED”
incapacity. DETERMINED?
On par.4, Art. 1032 Art. 1034

Purpose of the law is to consider “unworthy” In order to judge the capacity of the heir,
the heir who should have made the report so devisee or legatee, his qualification at the
that the criminal might be brought to justice. time of the death of the decedent shall be
the criterion.
But in case that the violent death was caused
accidentally (force majeure) or by the In cases falling under Nos. 2, 3, or 5 of
testator’s own fault it is NOT required to be article 1032, it shall be necessary to wait
reported, since no one is supposed to be until final judgment is rendered, and in the
accused thereof. case falling under No. 4, the expiration of
the month allowed for the report.
HOW IS “UNWORTHINESS” SET ASIDE?
If the institution, devise or legacy should be
Art. 1033 conditional, the time of the compliance with
The cause of unworthiness shall be without the condition shall also be considered.
effect if the testator had knowledge thereof (758a)
at the time he made the will, or if, having
known of them subsequently, he should General Rule:
condone them in writing. (757a) Capacity is to be determined at the time of the
decedent’s death.
This provision talks about how a supposed It logically follows that as a rule, capacity
incapacitated person by reason of must be determined as of that time.
unworthiness restores its capacity to
succeed. And it is restored in two ways: Sample Problem:
1. when the testator had knowledge of A son is accused of having killed his father.
such unworthiness at the time he Subsequently, the son was convicted. He now
made the will. This is when the claims the right to inherit on the ground that
offended party/testator still executed a at the time his father died, he, the son, was
will notwithstanding the person’s still capacitated. Should he inherit?
Answer: The person so excluded shall not enjoy the
No. The law provides that to find out whether usufruct and administration of the property
or not he was capacitated, final judgment thus inherited by his children. (761a)
should be awaited. Had he been acquitted, he
would have been entitled to inherit unless On Art. 1035(1)
otherwise disqualified. This representation in unworthiness extends
not only to the legitime, but also to whatever
On par.3, Art. 1034 portion in intestate succession the person
This provision talks about the determination represented may have been entitled to.
of capacity to succeed if institution is subject
to a suspensive condition. Sample Problem:
A has 3 legitimate children, B, C, and D. B has
WHAT WILL HAPPEN IF THERE IS A 2 children E and F. A made a will giving each
SUSPENSIVE CONDITIONAL of his 3 children equal shares in his estate of
INSTITUTION? P600,000. If B attempts to kill A and is
convicted therefor, how much, if any, will E
TN: Suspensive condition happens when upon and F get?
fulfillment of the condition, the obligation takes
effect. Answer:
B’s legitime is only P100,000 (1/3 of half of
In case of a suspensive conditional institution, the estate). Hence, E and F will each get
the heir must be capacitated BOTH: P50,000. There is no right of representation
1. at the time of the testator’s death with reference to the free portion. (Art. 970;
2. at the time the condition is fulfilled Art. 856, par. 2). B cannot enjoy the usufruct
(For example — he must still be alive and administration of the P100,000 given to
at that time.) his children.
[NOTE: The condition must of course be (Art. 1035, par. 2).
complied with.].
Sample Problem: -end-

T institutes A as his heir on condition that B
(A’s brother) passes the bar of 2006. In 2003,
T dies. In 2005, A dies. In 2006, B passes the
bar. Does A inherit?
Answer:
No, because at the time the condition was
fulfilled, A was already dead, and therefore
incapacitated. Therefore, A does not transmit
any rights in the inheritance from T to his (A’s)
own heirs.
WHAT IS THE ROLE OF

REPRESENTATION IN “UNWORTHINESS”?
Art. 1035
If the person excluded from the inheritance
by reason of incapacity should be a child or
descendant of the decedent and should
have children or descendants, the latter
shall acquire his right to the legitime.

ARTICLES 1030 - 1035 Capacity To Succeed by Will or by Intestacy

Uploaded by

Copyright:

Available Formats

ARTICLES 1030 - 1035 Capacity To Succeed by Will or by Intestacy

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ARTICLES 1030 - 1035 Capacity To Succeed by Will or by Intestacy

Uploaded by

Copyright:

Available Formats

ARTICLES 1030 - 1035 Art.

Who to determines the individual

On par.4, Art. 1032 Art. 1034

Sample Problem: -end-

WHAT IS THE ROLE OF

You might also like