Articles in
TODAY

Lectures & 
Presentations

Administrative
Issuances

Trust Products
& Practice

About the Guru

Link

Email Feedback

Guest Register

SECTION 4. - Conditional Testamentary Dispositions and Testamentary Dispositions With a Term

ART. 871. The institution of an heir may be made conditionally, or for a certain purpose or cause.

ART. 872. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. Should he do so, the same shall be considered as not imposed.

ART. 873. Impossible conditions and those contrary to law or good customs shall be considered as not imposed and shall in no manner prejudice the heir, even if the testator should otherwise provide

ART. 874. An absolute condition not to contract a first or subsequent marriage shall be considered as not written unless such condition has been imposed on the widow or widower by the deceased spouse, or by the latter's ascendants or descendants.

Nevertheless, their right of the usufruct, or an allowance or some personal presentation may be devised or bequeathed to any person for the time during which he or she should remain unmarried or in widowhood.

ART. 875. Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void.

ART. 876. Any purely protestative condition imposed upon an heir must be fulfilled by hi as soon as he learns to the testator's death.

This rule shall not apply when the condition, already complied with, cannot be fulfilled again.

ART. 877. If the condition is casual or mixed, it shall be sufficient if it happen or be fulfilled at any time before or after the death of the testator, unless he has provided otherwise.

Should it have existed or should it have been fulfilled at the time the will was executed and the testator was unaware thereof, it shall be deemed as complied with.

If he had knowledge thereof, the condition shall be considered fulfilled only when it is of such a nature that I can no longer exist or be complied with again.

ART. 878. A disposition with a suspensive term does not prevent the instituted heir from acquiring his rights and transmitting them to his heir seven before the arrival of the term.

ART. 879. If the potestative condition imposed upon the heir is negative, or consists in not doing or not giving something he shall comply by giving a security that he will not do or give that which has been prohibited by the testator, and that in case of contravention he will return whatever he may have received, together with it fruits and interests.

ART. 880. If the heir be instituted under a suspensive condition or term, the estate shall be placed under administration until the condition is fulfilled, or until it becomes certain that it cannot be fulfilled, or until the arrival of the term.

The same shall be done if the heir does not give the security required in the preceding article.

ART. 881. The appointment of the administrator of the estate mentioned in the preceding article, as well as the manner of the administration and the rights and obligations of the administrator shall be governed by the Rules of Court.

ART. 882. The statement of the object of the institution, or the application of the property left by the testator, or the age imposed by him, shall not be considered as a condition unless it appears that such was hi intention.

That which has been left in this manner may be claimed at once provided that the instituted heirs or his heirs give security for compliance with the wishes of the testator and for the return of anything he or they may receive, together with its fruits and interests, if he or they should disregard this obligation.

ART. 883. When without the fault of the heir, an institution referred to in the preceding article cannot take effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and in conformity with his wishes.

If the person interested in the condition should prevent its fulfillment, without the fault of the heir, the condition shall be deemed to have been complied with.

ART. 884. Conditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not provided for this Section.

ART. 885. The designation of the day or time when the effects of the institution of an heir shall commence or cease shall be valid.

In both cases, the legal heir shall be considered as called to the succession until the arrival of the period or its expiration. But in the first case he shall not enter into possession of the property until after having given sufficient security, with the intervention of the instituted heir.

HOME  |  TOP    |  PREVIOUS PAGE  |  NEXT PAGE