A testator may institute an heir purely, or subject to a condition, a term, or a mode. A conditional institution makes the inheritance depend on an uncertain future event: a suspensive condition must happen before the heir acquires the right, while a resolutory condition ends the right if it happens. A modal institution (the mode) imposes on the heir a charge or obligation — the testator states the object of the institution, or applies the property to a particular purpose, or imposes a burden on the heir — but unlike a condition, the mode does not prevent the heir from acquiring the inheritance immediately; the heir gets it but must comply with the charge (and may be required to give security). A key limit: a condition or a mode cannot be imposed on the legitime; the legitime of compulsory heirs must be free from any condition, burden, or substitution, and any such imposition on the legitime is considered not written. Certain conditions are also void, such as an absolute condition not to marry (with exceptions) or conditions contrary to law or morals.
A testator does not have to leave property unconditionally. A will can attach a condition or a mode (charge) to a gift — but there are important limits.
Pure, Conditional, or Modal
An heir may be instituted:
- Purely — without any condition, term, or charge;
- Conditionally — subject to a condition;
- With a term — from or until a certain date; or
- With a mode — subject to a charge or obligation.
Conditional Institution
A condition makes the inheritance depend on an uncertain future event:
- A suspensive condition must happen before the heir acquires the right (e.g., “to X if he passes the bar”); while
- A resolutory condition ends the right if it happens (e.g., “to X, but the gift is revoked if he leaves the country”).
With a suspensive condition, the property is held (often with administration) until the condition is fulfilled.
Modal Institution (the Mode)
A mode imposes on the heir a charge or obligation — the testator states the object of the institution, applies the property to a particular purpose, or imposes a burden. The crucial difference from a condition:
- A mode does not prevent the heir from acquiring the inheritance immediately; the heir gets the property but must comply with the charge; and
- The heir may be required to give security for compliance.
The old maxim: a condition suspends but does not compel; a mode compels but does not suspend.
The Legitime Cannot Be Burdened
A vital limit: no condition, term, mode, or substitution can be imposed on the legitime. The legitime of compulsory heirs must be free. Any condition or burden placed on the legitime is considered not written — the heir takes the legitime free and clear, ignoring the impermissible condition.
Void Conditions
Certain conditions are void, such as:
- An absolute condition not to marry (with exceptions, like a limited condition or one imposed by certain persons);
- Conditions contrary to law, morals, or public policy; and
- Impossible conditions (which, in testamentary dispositions, are generally disregarded rather than voiding the gift).
Practical Takeaways
- A will can institute an heir conditionally (suspensive/resolutory) or modally (with a charge);
- A condition suspends acquisition; a mode lets the heir acquire immediately but compels compliance with the charge;
- No condition or burden may be placed on the legitime — it is considered not written, and certain conditions (like an absolute ban on marrying) are void.
Frequently Asked Questions
Can a will impose a condition on an inheritance? Yes. A testator may institute an heir subject to a condition. A suspensive condition must happen before the heir acquires the right, while a resolutory condition ends the right if it happens.
What is a modal institution? One where the testator imposes a charge or obligation on the heir, states the object of the gift, or applies the property to a purpose. Unlike a condition, the mode does not prevent the heir from acquiring the inheritance immediately; the heir gets it but must comply with the charge.
What is the difference between a condition and a mode? A condition suspends acquisition until it is fulfilled but does not compel the heir to do anything. A mode does not suspend acquisition; the heir takes the property immediately but is compelled to comply with the charge.
Can a condition be imposed on the legitime? No. No condition, term, mode, or substitution can be imposed on the legitime. Any such imposition on the legitime is considered not written, and the compulsory heir takes the legitime free and clear.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.