B13. Conditional Dispositions and Dispositions

Question 1

Conditional Testamentary Disposition

Answer 1

Conditional Testamentary Disposition – When the acquisition or extinguishment of successional rights is made to depend upon the happening or non-happening of a future and uncertain event. (Rabuya, Civil Law Reviewer, Vol. I, 2021, p. 1001)

Question 2

a) Condition Not to Marry

Answer 2

GR: An absolute prohibition not to contract a first or subsequent marriage is not a valid condition and shall be considered as not written. (Art. 874, NCC)

However, if the prohibition is not absolute and is relative as to persons, time, or place, such condition is valid and must be complied with, unless the testator practically renders it impossible for the heir to marry at all. (Rabuya, Civil Law Reviewer I, 2021 Ed. p. 1006)

XPN: If the prohibition is imposed on the widow or widower of the deceased spouse or the latter’s ascendants or descendants. However, this condition may not be validly imposed upon the legitime of the widow or widower. (Rabuya, Civil Law Reviewer I, 2021 Ed. p. 1006)

Question 3

b. Disposition Captatoria

Answer 3

Disposition Captatoria

It is one which imposes as condition that the heir shall make some provision in his will in favor of the testator or of any other person. (Art. 875, NCC)

Such disposition is void, without affecting the other provisions of the will.

Question 4

c) Modal Institution; see also p. 201 GN. P. 113 ausl

Answer 4

Modal Institution It is the institution of an heir made for a certain purpose or cause. (Arts. 881 and 882, NCC)

While a condition suspends, but does not obligate, a mode obligates, but does not suspend.

In case of doubt, the institution, devise or legacy must be considered as modal. (Jurado, Comments and Jurisprudence on Succession, 2009 ed., p. 229)

1. In a modal institution, the testator states:

(1) the object of the institution, or
(2) the purpose or application of the property left by the testator, or
(3) the charge imposed by him upon the heir.

2. As a rule, an obligation imposed upon an heir is not considered a condition unless it clearly appears that such was the intention of the testator.
3. Effect of mode: The instituted heir can claim immediately the delivery of the inheritance subject to the giving of security or bond for the compliance of his obligation. I

In case of failure to comply with the obligation, the instituted heir shall be compelled to return whatever he may have received by virtue of the institution, together with their fruits and interests. (Rabuya, Civil Law Reviewer Vol. 1, 2021, p. 1009