Short answer. A legacy of another person's property is void when the testator erroneously believed the thing belonged to him. Article 930 of the Civil Code treats the mistaken belief as fatal to the bequest. But if the testator later acquires the property, the legacy is saved and takes effect.
What the law says
The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect.
Civil Code, Article 930 — A Legacy of Another's Property. Read the full provision →
When a bequest of another's property is void
Article 930 focuses on the testator's state of mind. A legacy or devise of property that does not belong to the testator is void when the testator erroneously believed that the property was his. The key word is erroneous: the testator thought they owned it, but they were wrong. In that situation, the bequest is void from the start because it rests on a false premise about what the testator had the power to give. The legatee or devisee named in the will receives nothing from that provision.
What happens when the testator knew the property was not theirs
Article 930 only voids the legacy when the testator erroneously believed the thing was theirs. This implies a different outcome when the testator knew perfectly well that the property belonged to someone else. A testator who knowingly bequeaths another's property may be directing their estate to purchase and deliver that property to the legatee — a valid testamentary disposition of a different kind. Article 930 does not cover that scenario; it deals only with the mistake case. If the will makes clear that the testator intended to create an obligation to acquire and deliver the third party's property, that analysis belongs to other provisions.
The saving rule: later acquisition
Article 930 contains an important saving provision. Even if the property did not belong to the testator when the will was made, the disposition shall take effect if the testator subsequently acquires the property by any title before death. It does not matter how the testator came to own it — by purchase, donation, inheritance, or otherwise. The earlier mistake is cured by the later acquisition. This prevents a testator from being penalised for bequeathing something they did not yet own at the time of writing but eventually did acquire.
Practical implications when settling an estate
When settling an estate, heirs and administrators must verify that each item bequeathed in the will actually belonged to the decedent — either when the will was executed or at the time of death. If a specific legacy turns out to involve property the decedent never owned and never acquired, Article 930's void rule applies and the item cannot be delivered to the legatee. This situation can arise with property under dispute, property held in the name of another person for practical reasons, or property the decedent managed but did not legally own. Identifying these problems early in the settlement process avoids disputes later.
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.
- Nelfa Delfin Trinidad, et al. vs. Salvador G. Trinidad, et al, G.R. No. 254695, December 6, 2023 — read the decision on LawPhil →