Short answer. It depends on why the other person is barred. Under Article 1028, the same prohibitions that void certain donations also void testamentary gifts. If the bar comes from adultery or concubinage with you, or from a criminal offense committed together, the spouse of the disqualified person is caught by the same prohibition.
What the law says
The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions.
Civil Code, Article 1028 — Donation Prohibitions Apply. Read the full provision →
The bridge between donations and wills
Article 1028 of the Civil Code is a short but powerful provision: "The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions." This means that anything the law forbids you from giving away during your lifetime is equally forbidden as a bequest in your will. The law treats a testamentary gift with the same suspicion as a donation — if the reason for the prohibition exists, the form of the transfer does not matter.
What Article 739 actually prohibits
Article 739 voids three categories of donation. First, donations between persons who were guilty of adultery or concubinage with each other at the time of the donation. Second, donations between persons found guilty of the same criminal offense, given in consideration of that offense. Third, donations to a public officer, or to that officer's wife, descendants, or ascendants, made because of the officer's position. These three prohibitions carry over directly into testamentary gifts by operation of Article 1028.
When the spouse of a barred person is also barred
The prohibition in Article 739 on donations to a public officer explicitly extends to "his wife, descendants and ascendants." Because Article 1028 imports this rule into wills, a bequest to the spouse of a disqualified public officer is void for the same reason. If you are a government contractor, for example, you cannot sidestep the prohibition by leaving your estate directly to the official's spouse instead of to the official. The law closes that route.
When the spouse of a barred person is NOT barred
Not every ground for disqualification flows through to the spouse. If a person is disqualified from inheriting from you because of criminal conduct against you — causing your death, accusing you falsely, or similar grounds found elsewhere in the Civil Code — that disqualification is personal to the wrongdoer. It does not automatically make that person's spouse unable to receive a bequest from you. The spouse could still validly inherit, unless a separate and independent ground blocks them. When the source of the bar matters, the answer changes — which is why knowing the specific reason for the disqualification is important.
What to do if you are unsure
If you want to leave something to a person whose family member has some history with you — whether through a past relationship, a legal dispute, or a public office — it is worth confirming before you sign the will that no prohibition applies. A void bequest does not simply reduce the estate; it can complicate probate and trigger disputes among the remaining heirs. A lawyer can review the specific facts and tell you whether the gift is valid, and if not, help you restructure your estate plan.