My father signed a document calling it a will and handed it to me — does that transfer the property to me now, or only when he dies?

What a will is

The Civil Code defines the nature of a will at the outset. Article 783 states that a will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death. Three features stand out: it must follow the formalities the law prescribes, it lets the maker control the disposition of his estate only to a certain degree, since compulsory heirs are protected, and, decisively, it takes effect after his death. A will is an instrument for directing what happens to one's property once one is gone.

It takes effect only after death

The phrase to take effect after his death is the heart of the answer. A will is, by its very nature, revocable and inoperative during the testator's lifetime. It vests no rights in the named beneficiaries while the testator lives; they have, at most, an expectation that may never materialise, since the testator can change or revoke the will at any time before death. Only death makes the will operative and transmits the estate according to its terms. Until then, the document is a statement of intended future disposition, not a present transfer.

Handing over the document changes nothing now

Because a will operates only upon death, physically giving the document to a beneficiary during the testator's lifetime does not transfer the property. Possession of the paper is not ownership of the estate it describes. The father in this situation still owns everything, remains free to revoke or amend the will, and may deal with his property as he wishes while alive. The recipient holds a document that speaks only for the future; it confers no present right to the property, however clearly it names him.

If a present transfer is intended

Someone who genuinely wants to pass property now, during his lifetime, must use a different legal act, such as a donation or a sale, which operates between the living and follows its own requirements. Calling a document a will and delivering it does not achieve a lifetime transfer, because the law fixes a will's effect at death. For both the maker and the recipient, the practical understanding is clear: a will directs the future disposition of an estate upon death, and if an immediate transfer is the goal, a will is the wrong tool.

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.

• In the Matter of the Allowance of the Will of Moises F. Banayad Apolonia Banayad Frianela vs. Servillano Banayad, Jr, G.R. No. 169700, July 30, 2009 — read the decision on LawPhil →