Text of the provision
Art. 839. The will shall be disallowed in any of the following cases:
(1) If the formalities required by law have not been complied with;
(2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution;
(3) If it was executed through force or under duress, or the influence of fear, or threats;
(4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person;
(5) If the signature of the testator was procured by fraud;
(6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto.
(n)
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 will shall be disallowed if the formalities were not complied with; the testator was insane or otherwise mentally incapable; it was executed through force, duress, fear or undue influence, or procured by fraud; the signature was procured by mistake; or the testator did not intend the instrument to be his will.
Questions about this provision
Related provisions
- Article 838 — No Will Passes Property Until Probated.
- Article 840 — Institution of Heir Defined.
Cases citing this article
- Leticia Valmonte Ortega vs. Josefina C. Valmonte, G.R. No. 157451, December 16, 2005 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.