Practice question
A will directs that the estate remain undivided for thirty years. After twenty years, one co-heir seeks partition; no separate lawful bar is asserted. The other heirs rely only on the thirty-year testamentary prohibition. Which statement is correct?
- The prohibition binds for any duration the testator chooses.
- The prohibition is valid only if there is a minor heir.
- Article 1083 limits the testator’s prohibition to twenty years, so it cannot alone bar partition for the additional ten years.
- Every testamentary prohibition is entirely void from the start.
- The court has no power to order division even for compelling reasons.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1078–1087 and1091.
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