- Statute
- Philippine Civil Code
- Article
- Art. 841
- Topic
- Testamentary Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Formerly
- Art. 764 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
A will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be incapacitated to succeed. In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs. (764)
Intellegal Wiki · In plain terms
A will stays valid even if it names no heir, leaves only part of the estate assigned, or the named heir refuses the inheritance or is disqualified from receiving it. Whatever lawful dispositions the will makes are carried out, and anything left over passes to the heirs the law designates.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Jessie F. Ramos v. Alvin Babista G.R. No. 227965