My grandmother's will was executed before the new Civil Code took effect and she died after — are the testamentary provisions of that old will still carried out?

The date of death, not the date of the will, controls which law applies

Article 2263 draws a clean line: succession is governed by the law in force at the time of the testator's death. If your grandmother died after the Civil Code took effect, the new Code applies to her estate — even though she wrote her will under the old rules. Her testamentary intentions are respected, but they are examined and applied under the framework of the current law, not the law that existed when she wrote the document.

What 'carried out insofar as they may be permitted' means

The will's provisions do not automatically override everything. Article 2263 says they are carried out insofar as they may be permitted by this Code. The testamentary provisions — the specific gifts, bequests, legacies, and instructions the testator wrote — are given effect to the maximum extent the current Civil Code allows. If any provision in the old will conflicts with something the new Code prohibits or mandates, the Code prevails. The intent is preserved where it is lawful; it is modified where it would otherwise violate the current law.

Compulsory heirs' legitimes are protected

The most important limit on honoring the old will is the legitime — the guaranteed share that compulsory heirs are entitled to under the Civil Code regardless of what the testator wrote. Article 2263 explicitly states that legitimes, betterments, legacies and bequests shall be respected; however, their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this Code. This means: if the will was generous with legacies to outsiders but left the compulsory heirs short of their statutory share, the legacies are reduced to make room for the required shares. The testator's wishes come second to the law's protection of compulsory heirs.

Wills written under the old code and settled today

An old will that was valid when executed and whose testator died after the Civil Code took effect goes through the same probate process as any other will. The heirs and the court apply the current Code to determine the shares, then honour the testamentary provisions to the extent they are consistent with those shares. A bequest that the new Code would treat as inofficious — one that impairs the compulsory heirs' legitimes — will be reduced. A bequest that is entirely compatible with the new Code is carried out without change. If you are settling an estate under an old will and are unsure how the current Code affects the distribution, getting legal advice is the most reliable way to determine what each heir is actually entitled to receive.

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.

• Elpidio Magno, et al. vs. Lorenzo Magno, et al, G.R. No. 206451, August 17, 2016 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 2263 — Which Law Governs Succession