Short answer. No, and the consequence is worse than the condition simply being ignored. Article 875 voids the entire disposition that is conditioned on the heir making some provision in his own will for the testator or another person. So the specific gift or institution tied to that condition in your father's will would not stand.

What the law says

Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void.

Civil Code, Article 875 — Disposicion Captatoria. Read the full provision →

What Article 875 forbids

Article 875 addresses a specific kind of condition a testator might try to attach to a gift or inheritance: any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void. Your father's arrangement fits this description exactly. He is not simply leaving you property; he is conditioning that gift on you, in turn, making a provision in your own future will benefiting him or your sibling. That is precisely the kind of reciprocal, will-for-will condition this article targets.

The whole disposition falls, not just the condition

This is the detail worth paying close attention to: the article does not say the condition is simply disregarded while the gift itself survives. It says the disposition made upon that condition shall be void. That means the specific provision in your father's will that names you as beneficiary of this conditional gift does not take effect at all, rather than taking effect free of the offending condition. The condition does not get stripped away, leaving you the property regardless; the entire arrangement tied to it fails.

Why the law refuses to enforce this kind of condition

A will is meant to be a free, personal act of the person making it, reflecting their own uncoerced wishes about how their estate is distributed. A condition that ties your inheritance to what you must later provide for someone else in your own will reaches beyond your father's estate and into decisions that belong to you alone, when it is your turn to make a will. The law will not let one person's will be used to dictate the contents of another person's future will, which is why this type of condition is voided outright rather than merely discouraged.

What this means for the rest of your father's will

Article 875 speaks in terms of the specific disposition made on this condition, not the will as a whole. So while the particular gift or institution tied to this improper condition does not stand, that does not by itself mean every other provision in your father's will is affected. Other dispositions in the will that are not conditioned this way would need to be looked at on their own terms. What happens to your share as a result, and whether you have rights under other parts of the will or under the law's general rules on succession, are separate questions from whether this specific conditional provision is valid.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.