Short answer. Usually no. A stated purpose or charge is treated as a mode, not a condition, unless the testator clearly meant it as a condition. As a mode, you can claim the property at once, on giving security that you will carry out the testator's wishes and return what you got, with fruits and interest, if you disregard the obligation.
What the law says
The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not be considered as a condition unless it appears that such was his intention.
Civil Code, Article 882 — Modal Institution. Read the full provision →
A purpose is a mode, not a condition
Article 882 tells you how to read words like "to build a school": the statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not be considered as a condition unless it appears that such was his intention. The default is that a stated purpose is a mode, an obligation attached to a gift you already receive, rather than a suspensive condition you must satisfy before you inherit at all. The distinction is decisive. A condition holds up the inheritance until fulfilled; a mode does not delay it, it burdens it.
Why the difference matters to you
If "to build a school" were a condition, you would take nothing until the school was built, and the property would sit under administration in the meantime. As a mode, the property is yours now, subject to the duty to apply it as the testator directed. That is a very different position: you have possession and can act, but you carry an enforceable obligation to carry out his wishes. The law leans towards the mode reading precisely because it gives effect to the gift promptly while still honouring the purpose the testator attached to it.
You claim at once, on security
The article lets what is left in this manner be claimed immediately, provided the instituted heir or his heirs give security for compliance with the wishes of the testator and for the return of anything received, together with its fruits and interests, if the obligation is disregarded. So you are trusted with the property now, but you post a bond guaranteeing that you will fulfil the purpose and that you will restore the property, and its income, if you fail to. The security is what makes early delivery safe for everyone concerned.
When it really is a condition
The presumption in favour of a mode gives way where it appears the testator intended a genuine condition. If the will shows he meant you to inherit only if and when the purpose is achieved, the words operate as a suspensive condition, and the earlier rules on conditional institutions apply instead, delayed inheritance and administration in the interim. So read the will for signs of that intention. Whether your "to build a school" clause is a mode you satisfy after taking, or a condition you satisfy before taking, turns on what the testator can be shown to have meant.
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.
- Johnny S. Rabadilla vs. Court of Appeals and Maria Marlena Coscuella y Belleza Villacarlos, G.R. No. 113725, June 29, 2000 — read the decision on LawPhil →
- Camarines Sur Teachers and Employees Association, Inc., represented by its President, Dr. Antonio A, G.R. No. 199666, October 7, 2019 — read the decision on LawPhil →