Practice question
A will states that a gift to a named beneficiary will take effect only if a friend later decides that it should be operative, entirely at that friend’s discretion. The friend is not merely verifying an objective event or distributing a fixed fund among a specified class. Which conclusion follows Article 787?
- The disposition impermissibly leaves its operativeness to another person’s determination
- Any third-party decision is automatically the testator’s own decision
- The friend becomes a compulsory heir
- All objective conditions are forbidden by this rule
- The friend can rewrite the whole estate plan
Legal references
- Civil Code, Article 787: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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