D1. Capacity to Succeed

Question 1

a) Incapacity by Reason of Unworthiness and Effects of
Condonation

Answer 1

i. Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtues;

ii. Persons Convicted of an attempt against the life of the testator, his or her spouse, descendants or ascendants;

iii. Persons who Accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be groundless;

iv. 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 unlessthe authorities have already taken action; NOTE: This prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation.

v. Person convicted of Adultery or concubinage with the spouse of the testator;

vi. Persons who by Fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made;

vii. Persons who by the same means Prevent another from making a will, or from revoking one already made, or who supplant, conceal, or alter the latter’s will ; and

viii. Persons who Falsify or forge a supposed will of the decedent. (Art. 1032, NCC)

Question 2

The following are incapacitated to succeed
based on morality or public policy (A-C-O)

Answer 2

a. Persons guilty of Adultery or concubinage with the testator at the time of the making of the will;

b. Persons guilty of the same Criminal offense, in consideration thereof;

c. A public officer or his wife, descendants and ascendants, by reason of his Office. (Art. 1028 in relation to Art. 739 of NCC) (2000 BAR)

Question 3

c) Incapacity by Reason of Possible Undue Influence