Text of the provision
Art. 842. One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed. One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitime of said heirs.
(763a)
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
One who has no compulsory heirs may dispose of his whole estate by will to anyone. One who has compulsory heirs may dispose only of the free portion — the legitime is beyond his reach.
Questions about this provision
Related provisions
- Article 841 — A Will Is Valid Even Without an Institution.
- Article 843 — Naming the Heir.
Cases citing this article
- Hiers of Policronio M. Ureta, Sr., namely: Conrado B. Ureta, et al. vs. Heirs of Liberato M. Ureta, namely: Teresa F. Ureta, et al./Heirs of Liberato M. Ureta, namely: Teresa F. Ureta, et al. vs. Heirs of Policronio M. Ureta, Sr., namely: Conrado B. Ureta, et al, G.R. No. 165748 / G.R. No. 165930, September 14, 2011 — read the decision on LawPhil →
- Elizabeth Brual vs. Jorge Brual Contreras, Lourdes Brual-Nazario, Erlinda Brual-Binay, Rodolfo Brual, Renato Brual, G.R. No. 205451, March 7, 2022 — 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.