Text of the provision
Art. 871. The institution of an heir may be made conditionally, or for a certain purpose or cause.
(790a)
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
The institution of an heir may be made conditionally, or for a certain purpose or cause.
Two distinct devices are named here: a condition, which makes the institution of an heir depend on a future and uncertain event, and a designation “for a certain purpose or cause,” often called a modal institution, which directs the heir to apply the inheritance toward a stated end rather than tying receipt of it to any event. Both let a testator attach qualifications to how an inheritance is enjoyed. As the heading of the article immediately following this one signals, however, such qualifications are not unlimited — they cannot be used to reach into the portion of the estate reserved by law for compulsory heirs.
Questions about this provision
- Can my father's will forbid us from ever selling the family home?
- Can a will leave property to someone for a specific purpose or cause, such as building a school or supporting a charity?
- Can my father's will make my inheritance conditional on me finishing college or caring for a sibling?
Related provisions
- Article 870 — The Twenty-Year Limit on Inalienability.
- Article 872 — But Never on the Legitime.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.