- Statute
- Civil Code
- Article
- Art. 1027
- Topic
- Provisions Common to Testate and Intestate Successions
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 4 Provisions Common to Testate and Intestate Successions
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness, or the 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 a will, the spouse, parents, or children, or any 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. (745, 752, 753, 754a)
Intellegal Wiki · In plain terms
Lists people barred from inheriting under a will because of undue influence or conflict of interest: the priest or minister who attended the testator in his last illness (plus their close relatives and church or order), a guardian benefited before his accounts are approved, any attesting witness and their spouse, parents or children, the physician, nurse or druggist who cared for the testator in his last illness, and entities the law forbids to inherit.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Pedro Generosa v. Pacita Prangan-Valera G.R. No. 166521