Dear PAO,
My cousin Manuel passed away at 90, unmarried, and without any offspring. I discovered that Manuel named his longtime secretary as his sole heir through a will executed in a hospital. Manuel was showing signs of dementia at that time. Is he allowed to make a will?
Cesa
Dear Cesa,
Yes, he may be allowed to make a will. A person who did not contract any marriage, and has no descendants, may validly leave his estate to his secretary through a will, provided that it complies with the legal requirements and the testator was of sound mind when he made it.
“To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause.
“It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act.” (Art. 799, New Civil Code)
This principle was recently emphasized in the case of Cabas vs. Feranil Vda. de Penaverde (G.R. No. 272590, April 23, 2025), where the Supreme Court, speaking through Associate Justice Mario V. Lopez, stated that:
“The Court has time and again declared that to constitute a sound mind and disposing memory it is not necessary that the mind shall be wholly unbroken, unimpaired, and unshattered by disease or otherwise, or that the testator be in full possession of all his reasoning faculties. Neither old age, physical infirmities, feebleness of mind, weakness of the memory, the appointment of a guardian, nor eccentricities are sufficient, singly or jointly, to show testamentary incapacity. The nature and rationality of the will is of some practical utility in determining capacity. Each case rests on its own facts and must be decided by its own facts.”
Applying the foregoing to your situation, the fact that Manuel was 90 years old or was showing signs of dementia does not automatically invalidate his will, since the law does not require a person to have a perfect memory or complete reasoning faculties. However, if you are able to establish that Manuel was already mentally incapacitated at the time the will was executed, or if you believe there are genuine grounds to question its validity, such as forgery, undue influence, fraud, or lack of testamentary capacity, you may challenge the will in proper probate proceedings.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
