Dispositions with a Condition or Term | Testamentary Succession | Different Kinds of Succession | WILLS AND SUCCESSION

Testamentary Succession: Dispositions with a Condition or Term

Testamentary succession is the distribution of a deceased person’s estate according to their expressed will, as embodied in a validly executed will. Within testamentary dispositions, a testator may impose conditions or specify terms that must be satisfied for the testamentary disposition to take effect. Below is an exhaustive discussion of the relevant principles and rules in Philippine law:

I. Definitions

  1. Condition: A future and uncertain event upon which the acquisition, modification, or termination of rights depends.

    • Condition precedent (suspensive): The condition must occur before the disposition takes effect.
    • Condition subsequent (resolutory): The disposition takes effect immediately but ceases upon the occurrence of the condition.

  2. Term: A future and certain event upon which the effectivity or termination of a testamentary disposition depends.

    • Suspensive term (ex die): The disposition becomes effective only upon the arrival of the term.
    • Resolutory term (in diem): The disposition is effective immediately but ends when the term arrives.

II. Legal Basis

The governing provisions for testamentary dispositions with conditions or terms are primarily found in the Civil Code of the Philippines, particularly in Articles 871–876, along with other general provisions on conditions in obligations and contracts (Articles 1181–1192).

III. Rules and Doctrines

A. General Principles

  1. Freedom of Testation: The testator may impose any condition or term provided it is not contrary to law, morals, good customs, public order, or public policy (Article 873, Civil Code).
  2. Valid Will: A condition or term can only exist if the testamentary disposition is part of a valid will that complies with formal and substantive requisites.

B. Rules on Testamentary Dispositions with a Condition

  1. Suspensive Conditions (Article 871, Civil Code)

    • The disposition does not take effect until the condition is fulfilled.
    • If the condition becomes impossible, it is deemed as not having been imposed, and the disposition becomes unconditional.
    • If the condition is contrary to law or morals, the disposition is void.

  2. Resolutory Conditions (Article 871, Civil Code)

    • The disposition is effective immediately but is revoked upon the occurrence of the resolutory condition.
    • If the condition is unlawful, the disposition remains valid, disregarding the condition.

  3. Implied Conditions

    • A condition may be implied if the testator’s intent can be reasonably ascertained from the language of the will.

C. Rules on Testamentary Dispositions with a Term

  1. Suspensive Term (Article 873, Civil Code)

    • The effectivity of the disposition is postponed until the arrival of the designated date or event.

  2. Resolutory Term (Article 873, Civil Code)

    • The right to the legacy or devise ceases upon the arrival of the term.

  3. Certainty of the Term

    • Terms differ from conditions because they must refer to a future event that is certain to happen.

D. Conditions Contrary to Law, Morals, or Public Policy (Article 873, Civil Code)

  1. Void Conditions

    • If the condition imposed is contrary to law, morals, or public policy, the condition is considered as unwritten.
    • However, the testamentary disposition remains valid unless the illegal condition is inseparable from the disposition itself.

  2. Impossible Conditions (Article 873)

    • If the condition is impossible (e.g., requiring the heir to perform an impossible task), the condition is treated as not imposed.
    • If the impossible condition is suspensive, the disposition is deemed unconditional.

E. Compliance with Conditions

  1. Good Faith Compliance

    • The condition must be complied with in good faith and in the manner prescribed by the testator.

  2. Constructive Fulfillment (Article 1186, Civil Code)

    • If the heir or legatee is prevented from fulfilling the condition due to the fault of the testator or other parties, the condition is considered as fulfilled.

  3. Retroactivity of Compliance

    • Once the condition is fulfilled, the effect of the disposition retroacts to the time of the testator’s death.

IV. Practical Applications

  1. Example of a Suspensive Condition

    • A testator may provide: "I give my car to my son, provided he graduates from college."
      • The legacy becomes effective only upon the son’s graduation.

  2. Example of a Resolutory Condition

    • A testator may state: "I leave my house to my daughter, provided she does not sell it within five years of my death."
      • The daughter loses her right to the house if she sells it within the specified period.

  3. Example of a Term

    • A testator may declare: "I leave my jewelry to my niece, but only after she turns 25."
      • The niece cannot claim the jewelry until she reaches the age specified.

V. Dispositions in Substitution

  1. Conditional Substitution

    • If the primary heir fails to comply with the condition, a substitute heir may take their place as provided by the testator.

  2. Fideicommissary Substitution

    • A condition may also involve a successive disposition where the first heir must preserve the property for the benefit of a subsequent heir, subject to the rules on fideicommissary substitutions.

VI. Remedies and Enforcement

  1. Interpretation of the Will

    • Courts interpret the will to ascertain the testator’s true intent and determine the validity of conditions or terms.

  2. Challenge to Invalid Conditions or Terms

    • Interested parties may challenge testamentary dispositions that impose unlawful or impossible conditions.

  3. Role of Executors

    • Executors are responsible for ensuring compliance with conditions and terms, as well as distributing the estate accordingly.

VII. Jurisprudence

  1. Heirs of Amparo v. De Guzman (G.R. No. 194855, 2017)

    • Reinforced the principle that conditions that are contrary to law or public policy are void, but the disposition may still be enforced sans the illegal condition.

  2. In Re Estate of Enriquez (1957)

    • Clarified that suspensive conditions must be fulfilled before heirs can acquire the right to the property.

This comprehensive discussion provides all you need to navigate testamentary dispositions with conditions or terms under Philippine law. The principles must always be applied with meticulous attention to the testator’s intent and statutory requirements.

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