Short answer. Unless the will says otherwise, you do not choose — the estate does. Article 940 presumes the choice belongs to the heir burdened with delivering the gift, or to the executor or administrator if no particular heir is obliged. Only if the testator expressly gave you the choice can you pick the one you prefer.
What the law says
In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may be imposed, or the executor or administrator of the estate if no particular heir is so obliged.
Civil Code, Article 940 — Alternative Legacies. Read the full provision →
What the law says
Once made, the choice is irrevocable.
Civil Code, Article 940 — Alternative Legacies. Read the full provision →
The default: the estate picks, not you
An alternative legacy is a gift of one thing out of two or more — "my car or my watch," say. Article 940 answers who decides. In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may be imposed, or the executor or administrator of the estate if no particular heir is so obliged. So the starting point is the opposite of what many beneficiaries expect: the person who has to hand over the gift chooses which of the alternatives to give, and where no specific heir carries that burden, the executor or administrator does. You receive whichever one they select.
When the choice becomes yours
This is only a presumption, and the testator can reverse it. If the will expressly gives the beneficiary the right to choose, that grant controls and you may take whichever alternative you prefer. The presumption in Article 940 fills the gap only when the will is silent about who selects. So the first thing to check is the wording of the will itself: did the testator hand the choice to you, or leave it unspoken? If he left it unspoken, the law routes the decision to the estate side, not to you.
If the chooser dies before choosing
The article also handles death before a decision is made. If the heir, legatee, or devisee who was entitled to choose dies before exercising the right, that right passes to his own heirs, who step into his shoes and make the selection. The power to choose is not simply lost; it is inherited along with the rest of his estate. This keeps the alternative legacy alive and workable even when the very person meant to decide passes away before doing so, so the gift does not stall for want of someone to make the pick.
Once chosen, it is final
Whoever holds the choice gets one exercise of it. Once made, the choice is irrevocable. The selected thing becomes the legacy, and the decision cannot be taken back or swapped for the other option because of second thoughts or a later change in value. Beyond these specific rules, alternative legacies are governed by the Code's ordinary rules on obligations of the same kind, adjusted for whatever intention the testator expressed. The practical lesson is to identify who holds the choice early, because the moment it is made, the matter is closed.