Short answer. No, that deed is void. The Civil Code is direct: donations cannot comprehend future property, and future property means anything the donor cannot dispose of at the time of the donation. An expected inheritance is not yet your uncle's to give — he cannot donate what he does not yet own.
What the law says
Donations cannot comprehend future property. By future property is understood anything which the donor cannot dispose of at the time of the donation.
Civil Code, Article 751 — Future Property Cannot Be Donated. Read the full provision →
What is "future property" under the law
Article 751 defines future property precisely: it is anything which the donor cannot dispose of at the time of the donation. An expected inheritance fits this description exactly. Your uncle's share of an estate that has not yet been opened — because the predecessor has not yet died, or because the estate has not yet been distributed — is not something your uncle can presently transfer. He has at most an expectancy or a hope, not a right he can act on today. The law treats the donation of such an expectancy as void from the start.
Why the rule exists
The prohibition protects both donors and their creditors. If people could freely donate property they expect to receive in the future, a donor could promise away an inheritance before knowing its full extent, before debts of the estate are settled, and before co-heirs are identified and paid. It would also be easy to manipulate estate planning by entering into "donation" contracts today that effectively predetermine how an estate is distributed — bypassing the rules on succession, legitimes, and creditor priority. The rule that a donation must cover only property the donor can currently dispose of prevents these problems.
What your uncle can legally donate
Your uncle can make a valid donation of property he presently owns and can presently dispose of. If he owns land, a vehicle, money in a bank account, or personal property today, he can donate any of these now. What he cannot donate is an inheritance he has not yet received, a lottery prize he has not yet won, or income he has not yet earned. Once an inheritance is actually received — the predecessor has died, the estate has been distributed, and the asset is in your uncle's name — he may then donate it if he wishes. But that is a donation of present property, not future property.
What this means for the deed your uncle signed
The deed of donation your uncle signed is void — not merely voidable, but void from the beginning. No court order is required to declare it invalid; the nullity exists as a matter of law. You do not have a legally enforceable claim to the inheritance based on that document. If your uncle wishes to benefit you from his eventual inheritance, he would need to take action at the time he actually receives the estate — such as a new donation once he has clear title, or a will directing that you receive a share through testamentary succession. A lawyer can help structure the appropriate arrangement depending on the family's goals.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Pastor Jose Sy, Jesus the Son of God Christian Ministry and all other persons... GR No. 254320 July 5, 2021 Joe Anne Fernandez Y Bueno vs. People Of The Philippines, G.R. No. 230120, July 5, 2021 — read the decision on LawPhil →