- Statute
- Civil Code
- Article
- Art. 870
- 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
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void. (n)
Intellegal Wiki · In plain terms
A will provision that tries to keep all or part of the estate inalienable, unable to be sold or transferred, for more than twenty years is void. A testator may restrict alienation, but only up to that twenty-year limit; any period beyond that has no legal effect.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Hilarion, Jr. v. Trusteeship of the Estate of Doña Margarita Rodriguez, the Supreme Court held: Reversed and dissolved the entire trust for creating an invalid perpetual prohibition on alienation beyond twenty years in violation of Articles 867 and 870, ordering the properties subject to intestate succession.
One leading Supreme Court case applying this provision.