B3. TS- Non-Delegability of a Testamentary Power

Question 1

Rule on Nan-delegability of Testa Power

Answer 1

The making of a will is a strictly personal act; it
cannot be left in whole or in part to the discretion of
a third person, or accomplished through the
instrumentality of an agent or attorney. (Art. 784,
NCC)

Question 2

Doctrine of Prohibited Designation

Answer 2

GR: The following cannot be left to the discretion of a third person:

1. Duration or efficacy of designation of heirs, legatees, or devisees.
2. Determination of the portions which the heirs, legatees or devisees are to receive when referred to by name.
3. Determination as to whether or not a disposition is to be operative. (Arts. 785 and 787, NCC)

Question 3

XPNS: The following may be entrusted to a third
person:

Answer 3

1. Distribution of specific property or sums of
   money that the testator may leave in general to
   specified classes or causes.
2. Designation of the persons, institutions or
   establishments to which such property or sums
   are to be given or applied. (Art. 786, NCC)