CAPACITY TO SUCCEED BY WILL OR BY INTESTACY

Requisites:

1. The heir, legatee/devisee must be living or in existence at the moment the succession opens; and

2. He must not be incapacitated or disqualified by law to succeed.

Absolute Incapacity to succeed - This means the person is incapacitated to succeed in any form,
whether by testate or intestate succession. The following persons are:

1. Those not living at the time of death of the testator

2. Those who cannot be identified. (Art. 845)

3. Those who are not permitted by law to inherit. (Art. 1027)

Relative incapacity to succeed - This means the person is incapacitated to succeed because of some
special relation to the testator. The grounds for relative incapacity to succeed are the ff:

1. Undue influence or interest (Art. 1027)

2. Morality or public policy (Art. 739)

3. Acts of unworthiness (Art. 1032)

THE FOLLOWING ARE INCAPABLE OF SUCCEEDING:

A. Based on Undue Influence or Interest:

1. Priest who heard the confession of the testator during his last illness, or the minister
of the gospel who extended spiritual aid to him during the same period;

Who are covered:

1. Priest who heard the confession of the testator during his last illness;
2. Minister of the gospel who extended spiritual aid to him during the
same period;
3. Relatives of such priest or minister of the gospel within the fourth degree; or
4. The Church, order, chapter, community, organization, or institution to
which such priest or minister may belong;

Requisites for this disqualification to apply:

1. The will was made during the last illness of the testator;

2.The spiritual ministration must have been extended during the last illness;

3. The will was executed during or after the spiritual ministration.

*A priest is incapacitated to succeed when the confession is made prior to or

simultaneously with the making of a will. The disqualification applies only
to testamentary dispositions.
 2. Individuals, associations and corporations not permitted by law to inherit;

3. Guardian with respect to testamentary dispositions given by a ward in his favor

before the final accounts of the guardianship have been approved, even if the testator
should die after the approval thereof; nevertheless, any provision made by the ward in
favor of the guardian when the latter is his ascendant, descendant, brother, sister, or
spouse, shall be valid;

General Rule: The disqualification applies when the disposition is made after
the guardianship began or before guardianship is terminated approval of
final accounts or lifting of guardianship.

Exception: It does not apply even when the disposition is made

after the guardianship began or before it is terminated when the guardian is an:
1. Ascendant;
2. Descendant;
3. Brother;
4. Sister; or
5. Spouse.

4. Relatives of such priest or minister of the gospel within the 4th degree, the church,
order, chapter, community, organization or institution to which such priest or minister
may belong;

* Nos. 1,3 and 4 do not apply to legitimes

5. Attesting witness to the execution of a will, the spouse, parents or children, or any
one claiming under such witness, spouse, parents or children; and

6. Physician, surgeon, nurse, health officer or druggist who took care of the testator
during his last illness.

*Absolute Disqualification

The ff. must be present for this disqualification to apply:

1. The will was made during the last illness
2. The sick person must have been taken
cared of during his last illness. Medical attendance was made.
3. The will was executed during or after he was being taken care of.

B. Based on Morality or Public Policy (ART 739)

1. Those made in favor of a person with whom the testator was guilty of adultery or
concubinage at the time of the making of the will.

2. Those made in consideration of a crime of which both the testator and the beneficiary
have been found guilty.

3. Those made in favor of a public officer or his spouse, descendants and ascendants, by
reason of his public office