My uncle's will only gives away specific items but never formally names an heir to the rest — is the will still valid?

A will does not have to name a universal heir

Article 841 says so in terms: A will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be incapacitated to succeed. Three separate gaps are forgiven — no institution at all, an institution covering only part, and an institution that fails because the person named cannot or will not take. In each case the article continues that the testamentary dispositions made in accordance with law shall be complied with. Your uncle's specific gifts are not weakened by his silence about the rest.

The remainder goes to the legal heirs

The same article directs that the remainder of the estate shall pass to the legal heirs, and Article 960 approaches it from the intestacy side: legal succession takes place When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed. So the estate is settled under two regimes at once, which is ordinary rather than defective. Article 851 says the same of an heir instituted to an aliquot part only — the uncovered remainder devolves by law.

Who the legal heirs are is a separate question

The will decides nothing about the residue, so the answer comes entirely from the family tree. Article 961 vests the inheritance, in default of testamentary heirs, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. Which of them take, and in what proportion, depends on who actually survived your uncle and is fixed by the intestate rules; where he was married, the marital property regime is liquidated first so that only his own share forms the estate. Article 842 marks the other boundary: a testator with compulsory heirs may dispose only without contravening the Code on their legitime.

What to read closely in the document

Before concluding there is no institution, check whether the will designates someone without naming him. Article 843 provides that Even though the testator may have omitted the name of the heir, should he designate him in such manner that there can be no doubt as to who has been instituted, the institution shall be valid. A phrase such as 'to my eldest nephew' can be an institution. Then inventory the estate against the list of gifts, because the residue is simply whatever is left over, and that comparison — not the wording of the will — determines how much falls to the legal heirs.

Related provisions

• Civil Code, Article 841 — A Will Is Valid Even Without an Institution
• Civil Code, Article 842 — The Limit of Testamentary Freedom
• Civil Code, Article 843 — Naming the Heir
• Civil Code, Article 851 — Sole Heir Instituted to Part of the Estate
• Civil Code, Article 960 — When Intestate Succession Applies
• Civil Code, Article 961 — Who the Law Calls