Short answer. Yes. Article 942 of the Civil Code lets you, as legatee or devisee, choose whichever option you prefer when the testator has expressly left the right of choice to you. The same article lets an heir with that right decide which item to give from the estate.

What the law says

Whenever the testator expressly leaves the right of choice to the heir, or to the legatee or devisee, the former may give or the latter may choose whichever he may prefer.

Civil Code, Article 942 — Right of Choice Given to the Legatee. Read the full provision →

What triggers this right

Article 942 applies specifically where the testator expressly leaves the right of choice to the heir, or to the legatee or devisee. This is not a general rule that applies to every legacy involving multiple possible items; it depends on the testator having actually granted that choice in the will. Where that express grant exists, the article gives real, personal discretion to whoever was named to exercise it, rather than leaving the selection to be worked out by agreement among the heirs or by some other default rule.

What whichever he may prefer actually means

The article's language is broad: the person given the right of choice may choose whichever he may prefer. This points to genuine, unrestricted discretion among the options the will actually offers, rather than a requirement to pick the most reasonable, most valuable, or most typical option. As long as the choice is among what the will actually made available, your personal preference is what the article lets you act on when making the selection.

The difference between an heir choosing and a legatee choosing

Article 942 distinguishes slightly between the heir, who may give, and the legatee or devisee, who may choose. This reflects their different positions: an heir with the right of choice, who may be selecting from the estate's property to satisfy a legacy, is described as giving, while a legatee or devisee granted the right of choice over what they themselves receive is described as choosing. Both exercise the same kind of discretion the testator granted, but from different sides of the disposition.

What to keep in mind when exercising the right

Because this right depends entirely on what the will actually granted, the starting point is being clear on exactly what the will says about the scope of your choice, meaning which items or options are genuinely covered by the right the testator gave you. Once that scope is established, Article 942 supports picking based on your own preference among those options, without needing to justify the choice by reference to value, need, or anything else the article does not require of you.

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.