SECTION 2

Capacity to Succeed by Will or by Intestacy

Article 1024. Persons not incapacitated by law may succeed by will or ab intestato.
The provisions relating to incapacity by will are equally applicable to intestate succession. (744,
914)
Article 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at
the moment the succession opens, except in case of representation, when it is proper.
A child already conceived at the time of the death of the decedent is capable of succeeding
provided it be born later under the conditions prescribed in article 41. (n)
Article 1026. A testamentary disposition may be made to the State, provinces, municipal
corporations, private corporations, organizations, or associations for religious, scientific, cultural,
educational, or charitable purposes.
All other corporations or entities may succeed under a will, unless there is a provision to the
contrary in their charter or the laws of their creation, and always subject to the same. (746a)
Article 1027. 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)

Article 1028. The prohibitions mentioned in article 739, concerning donations inter vivos shall
apply to testamentary provisions. (n)
Article 1029. Should the testator dispose of the whole or part of his property for prayers and
pious works for the benefit of his soul, in general terms and without specifying its application,
the executor, with the court's approval shall deliver one-half thereof or its proceeds to the church
or denomination to which the testator may belong, to be used for such prayers and pious works,
and the other half to the State, for the purposes mentioned in article 1013. (747a)
Article 1030. Testamentary provisions in favor of the poor in general, without designation of
particular persons or of any community, shall be deemed limited to the poor living in the
domicile of the testator at the time of his death, unless it should clearly appear that his intention
was otherwise.
The designation of the persons who are to be considered as poor and the distribution of the
property shall be made by the person appointed by the testator for the purpose; in default of such
person, by the executor, and should there be no executor, by the justice of the peace, the mayor,
and the municipal treasurer, who shall decide by a majority of votes all questions that may arise.
In all these cases, the approval of the Court of First Instance shall be necessary.
The preceding paragraph shall apply when the testator has disposed of his property in favor of
the poor of a definite locality. (749a)
Article 1031. A testamentary provision in favor of a disqualified person, even though made
under the guise of an onerous contract, or made through an intermediary, shall be void. (755)
Article 1032. The following are incapable of succeeding by reason of unworthiness:
(1) Parents who have abandoned their children or induced their daughters to lead a
corrupt or immoral life, or attempted against their virtue;
(2) Any person who has been convicted of an attempt against the life of the testator, his
or her spouse, descendants, or ascendants;
(3) Any person who has accused the testator of a crime for which the law prescribes
imprisonment for six years or more, if the accusation has been found groundless;
(4) Any heir of full age who, having knowledge of the violent death of the testator,
should fail to report it to an officer of the law within a month, unless the authorities have
already taken action; this prohibition shall not apply to cases wherein, according to law,
there is no obligation to make an accusation;
(5) Any person convicted of adultery or concubinage with the spouse of the testator;
(6) Any person who by fraud, violence, intimidation, or undue influence should cause the
testator to make a will or to change one already made;

(7) Any person who by the same means prevents another from making a will, or from
revoking one already made, or who supplants, conceals, or alters the latter's will;
(8) Any person who falsifies or forges a supposed will of the decedent. (756, 673, 674a)
Article 1033. The cause of unworthiness shall be without effect if the testator had knowledge
thereof at the time he made the will, or if, having known of them subsequently, he should
condone them in writing. (757a)
Article 1034. In order to judge the capacity of the heir, devisee or legatee, his qualification at the
time of the death of the decedent shall be the criterion.
In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be necessary to wait until final
judgment is rendered, and in the case falling under No. 4, the expiration of the month allowed for
the report.
If the institution, devise or legacy should be conditional, the time of the compliance with the
condition shall also be considered. (758a)
Article 1035. If the person excluded from the inheritance by reason of incapacity should be a
child or descendant of the decedent and should have children or descendants, the latter shall
acquire his right to the legitime.
The person so excluded shall not enjoy the usufruct and administration of the property thus
inherited by his children. (761a)
Article 1036. Alienations of hereditary property, and acts of administration performed by the
excluded heir, before the judicial order of exclusion, are valid as to the third persons who acted
in good faith; but the co-heirs shall have a right to recover damages from the disqualified heir.
(n)
Article 1037. The unworthy heir who is excluded from the succession has a right to demand
indemnity or any expenses incurred in the preservation of the hereditary property, and to enforce
such credits as he may have against the estate. (n)
Article 1038. Any person incapable of succession, who, disregarding the prohibition stated in the
preceding articles, entered into the possession of the hereditary property, shall be obliged to
return it together it its accessions.
He shall be liable for all the fruits and rents he may have received, or could have received
through the exercise of due diligence. (760a)
Article 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)
Article 1040. The action for a declaration of incapacity and for the recovery of the inheritance,
devise or legacy shall be brought within five years from the time the disqualified person took

possession thereof. It may be brought by any one who may have an interest in the succession.
(762a)