Text of the provision
Art. 1034. In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion. In cases falling under Nos. 2, 3, or 5 of article 1032, it shall be necessary to wait until final judgment is rendered, and in the case falling under No. 4, the expiration of the month allowed for the report. If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered.
(758a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Capacity is judged by the heir's qualification at the time of the decedent's death. In cases of unworthiness under Article 1032 (2), (3) and (5), it is judged at the time of the final judgment.
Related provisions
- Article 1033 — Condoning Unworthiness.
- Article 1035 — The Excluded Heir's Children Represent Him.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.