Capacity to Succeed by Will or by

Intestacy
Capacity to Succeed, defined.
- The ABILITY
1. To INHERIT and
2. RETAIN PROPERTY OBTAINED mortis causa
References
o Persons referring to both natural and juridical persons
o Insane incapacitated to enter into contracts or make wills, but NOT
incapacitated to inherit
KINDS OF INCAPACITY
Absolute Incapacity
Can never inherit from
anybody regardless of
circumstances
2 Classes:
1. Individuals,
associations, and
corporations not
permitted by law to
inherit.
2. Lacks juridical
personality (ex:
abortive infants)

Relative Incapacity
Cannot inherit only from certain persons or certain
properties
But can inherit from others or certain other
properties
3 KINDS:
1. Possible undue influence (Art. 1027)
- Disqualification does not extend:
a. To the legitime or
b. intestacy
- Conclusively presumed: disqualification
exists without the necessity of proving
actual undue influence; incapacity
cannot be cured by proof that undue
influence was not exercised
- confession disposition is made after
the confession, not before
- during last illness (that of which the
testator died or the one immediately
preceding it; if made before or long after
the last illness, as there was time to
reflect, disposition is valid)
- When Guardians are qualified to inherit:
a. The will was made after the approval
of the final accounts (which are those
that terminate the financial
responsibility of the guardian)
b. Guardian is a relative (ASBSS)
- Physicians
o Disposition was made after they
took care of the decedent

2. Public policy and morality (Art. 1028 and

Art. 739)
3. Unworthiness (Art. 1032)
- Corrupt immoral life: applied to
granddaughters and sons; applicable
even if the daughter did not become one
- Attempt: conviction need not be done
before the testators death; even if
pardoned by the President (but if
amnesty is given = he is qualified)

Requisite for Capacity to Inherit

1. Already living or conceived at the moment the succession opens
2. No exception to the rule, even in the case of right of representation

Dispositions in Favor of a Disqualified Person (Art. 1031)

Purpose: prohibit violating indirectly what cannot be violated directly

Problems:
o Testator gives a legacy to a person who attempted to kill him by giving
it to someone with instructions = implied condonation of act
o Testator gives a legacy to an attesting witness who he knew would be
disqualified by giving it to a friend with secret instructions to give it
later to the disqualified attesting witness
Not essential to prove that the friend was instructed
To disqualify the witness: prove that it was really him who
benefited
If the friend keeps the property, there is no remedy if he was not
expressly designated, but if he was, use Art. 867(4)

How to Judge the Capacity of the Heir (Art. 1034)

When to await final judgment under Art. 1032

Reason: rights to the succession are transmitted from the moment of death of
the decedent
o Therefore, capacity must be determined as of that time

EXCLUDED HEIR
Indemnities to be Reimbursed:
1. Necessary expenses for preservation
a. Regardless of good or bad faith
2. Credit (still a creditor)

Action for Declaration of Incapacity and for the Recovery

of the Inheritance

Within 5 years from the time the disqualified heir took possession
Who can bring the action: Anyone who may have an interest in the
succession
o Person who would inherit in place of the incapacitated heir