Short answer. No — not yet, and possibly never. Article 1027 of the Civil Code declares a guardian incapable of inheriting under a will made by the ward before the final accounts of the guardianship have been approved. The disqualification applies even if the testator later dies after the approval.
What the law says
A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof
Civil Code, Article 1027 — Who Cannot Inherit by Will. Read the full provision →
The disqualification under Article 1027
Article 1027 of the Civil Code lists persons who are incapable of succeeding under a will. Item three covers guardians: they are disqualified from inheriting under any testamentary disposition made by their ward in their favor, if that disposition was made before the final accounts of the guardianship have been approved. The rule adds a twist that surprises many: the disqualification survives even if the testator dies only after those accounts are eventually approved. The determinative moment is when the will was written, not when the testator dies.
Why the law draws the line this way
The concern is undue influence. A guardian holds legal authority over the ward's person and property. While that relationship is ongoing and the guardian has not yet submitted to judicial scrutiny through the final accounts, the law treats any gift from the ward to the guardian with suspicion. The guardian is in a position to pressure the ward, to isolate the ward, or simply to take advantage of trust built over the guardianship period. Requiring approval of the final accounts before the gift becomes valid forces the guardian to answer to the court for how the wardship was conducted before he can benefit from the ward's estate.
The exception for close family
Article 1027 carves out an important exception: "any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid." If your guardian is your parent, child, sibling, or spouse, the disqualification does not apply. The law recognizes that testamentary gifts to family members who happen to also serve as guardian carry a fundamentally different character — the relationship is grounded in kinship, not a formal appointment, and gifts to close family are less likely to represent exploitation of a guardianship position.
What this means if you want the gift to stand
If your guardian is not a close family relation, the gift is currently suspended — it cannot be taken until the guardianship is formally wound up with approved final accounts. If the accounts are approved before you die and you still wish to leave something to your former guardian, the safest approach is to execute a new will after the accounts are approved. A new disposition made after approval falls outside the disqualification entirely. Doing nothing and relying on the existing will risks the gift being void under Article 1027, regardless of your intentions.
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.
- Pedro Generosa, et al. vs. Pacita Prangan-Valera, G.R. No. 166521, August 31, 2006 — read the decision on LawPhil →