Text of the provision
Art. 1081. A person may, by an act inter vivos or mortis causa, intrust the mere power to make the partition after his death to any person who is not one of the co-heirs. The provisions of this and of the preceding article shall be observed even should there be among the co-heirs a minor or a person subject to guardianship; but the mandatary, in such case, shall make an inventory of the property of the estate, after notifying the co-heirs, the creditors, and the legatees or devisees.
(1057a)
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
A person may entrust the mere power to make the partition after his death to any person who is not one of the co-heirs. The provisions on partition apply to that person.
Entrusting the task of dividing the estate to someone outside the circle of heirs removes the conflict of interest that would arise if one of the co-heirs — each of whom stands to gain or lose depending on how property lines are drawn — were left to divide it. Where a minor or a person under guardianship is among the co-heirs, the same safeguards that apply when the decedent partitions the estate personally still apply, and the person entrusted with the task must additionally take an inventory of the estate after notifying the heirs, creditors, and any legatees or devisees.
Questions about this provision
- Can my father name a person who is not an heir to divide the estate after his death?
- Can my parent name someone who is not an heir to carry out the actual division of the estate after death?
Related provisions
- Article 1080 — Partition by the Decedent Himself.
- Article 1082 — Any Act Ending Indivision Is a Partition.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.